Divorce — Abandonment.
Abandonment and desertion as a marital offense consists in the voluntary separation of one of the parties from the other, or the refusal to renew suspended cohabitation without justification either in the consent or the wrongful conduct of the other party.
The separation and intention to abandon must concur, though they need not begin at the same time.
The abandonment must be the deliberate act of the party complained of, done with the intent that the marriage status shall no longer exist.
While a divorce for abandonment may be granted without regard to the duration of the abandonment, nevertheless the length of time during which the separation has existed is to be considered in determining whether an alleged abandonment is real, or exists merely in the imagination or desire of the complaining party.
Divorce is a remedy provided for an innocent party, and any misconduct on the part of the complainant which would constitute a ground for divorce will bar his or her suit without regard to the nature of the offense complained of.
Drunkenness is not in itself an independent ground for divorce.
Whether the husband and wife do or do not live apart, the responsibility for the support, maintenance, and education of their infant child rests upon the father.
Decided March 5th, 1940.
MITCHELL, J., delivered the opinion of the Court.
Unreported cases.