Sinclair v. Sinclair

OPINION

O’HORA, Judge.

Plaintiff filed suit for divorce on February 20, 1967, in which the grounds alleged were three years voluntary separation, under the provisions of 13 Del.C. § 1522. Plaintiff’s complaint was amended April 19, 1967 to include, as an additional ground for divorce, “constructive desertion”. Trial in the matter was heard on November 9 and 10, 1967. At trial the court ruled that the evidence did not support a divorce on the ground of voluntary separation and granted defendant’s motion for judgment as to that ground. ■ Subsequently the Court granted plaintiff’s divorce on the…