Assume that a statute provides that one of the grounds for divorce is voluntary separation for a

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Assume that a statute provides that one of the grounds for divorce is voluntary
separation for a period of two consecutive years. This living-apart ground is
the only one authorized in the state. Could a divorce be granted on the ground
of living apart in the following three situations?

a. Fred and Gail are married. On June 10, 1995, they agree to separate. Fred moves out. On May 15, 1997, when he learns that she is thinking about filing for divorce, he calls Gail and pleads with her to let him come back. She refuses.
On July 25, 1997, she files for divorce on the ground of living apart.

b. Tom and Diane are married. On November 1, 1995, Diane deserts Tom. Tom did not want her to go. On March 13, 1996, Tom meets Karen. They begin seeing each other regularly. On June 14, 1996, Tom tells Karen that he hopes he never sees Diane again. On December 28, 1997, Tom files for divorce on the ground of living apart.

c. Bill and Susan are married. For over three years, they have been living separate lives due to marital difficulties, although they have continued to live in the same house. They have separate bedrooms and rarely have anything to do with each other. One of them files an action for divorce on the ground of living apart.

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Null Family Law Cases And Materials

ISBN: 9781599415741

5th Edition

Authors: Judith Areen , Milton C Regan

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