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WIFE V. v. HUSBAND V.

291 A.2d 277 (1972)

WIFE V., Appellant, v. HUSBAND V., Appellee.

Supreme Court of Delaware.

May 5, 1972.

Attorney(s) appearing for the Case

Elwyn Evans, Jr., Wilmington, for appellant.

Sidney Balick and William C. Bradley, Jr., of Aerenson, Balick & Balick, Wilmington, for appellee.

CAREY and HERRMANN, JJ., and DUFFY, Chancellor, sitting.

DUFFY, Chancellor.

This is an appeal by a wife from a judgment of divorce based on voluntary separation under 13 Del.C. § 1522(11).

I

In 1957 the General Assembly amended 13 Del.C. § 1522 by adding subsection (11) as a cause of divorce from the bonds of matrimony; it provided for divorce

"When husband and wife have voluntarily lived separate and apart, without any cohabitation for three consecutive years prior to the filing of...

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