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ROLPH v. ROLPH

149 A.2d 744 (1959)

Katherine Ann ROLPH, Plaintiff, v. Lewis Kennard ROLPH, Defendant.

Superior Court of Delaware, New Castle.

March 6, 1959.

Attorney(s) appearing for the Case

Hugh Corroon, of Berl, Potter & Anderson, Wilmington, for plaintiff.

John M. Bader, of Balick & Bader, Wilmington, for defendant.

SEITZ, Chancellor.1

Plaintiff, wife, brought an action for divorce against the defendant, husband, based upon the three years voluntary separation provision of our statute, 13 Del.C. § 1522. This ground was added to the divorce statute by an amendment passed April 3, 1957, which reads as follows:

"(11) When husband and wife have voluntarily lived separate and apart, without any cohabitation for three consecutive years prior...

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