POWLESS v. POWLESS


269 Wis. 552 (1955)

POWLESS, Respondent, vs. POWLESS, Appellant.

Supreme Court of Wisconsin.

April 5, 1955.


Attorney(s) appearing for the Case

For the appellant there was a brief by Gold & McCann, attorneys, and Roland J. Steinle, Jr., of counsel, all of Milwaukee, and oral argument by Mr. Steinle.

For the respondent there was a brief by Benton, Bosser, Fulton, Menn & Nehs of Appleton, and oral argument by David L. Fulton.


FAIRCHILD, C. J.

A voluntary separation authorizing a divorce can exist only where the parties have voluntarily lived separate for five years. Sec. 247.07 (7) of the statutes provides:

"Whenever the husband and wife shall have voluntarily lived entirely separate for the space of five years next preceding the commencement of the action, the same may be granted at the suit of either party. . . ."

The separation must be mutually voluntary. The mutuality...

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