RODRIQUE v. RODRIQUE

No. 6494

113 N.H. 49 (1973)

GEORGE R. RODRIQUE v. MARY C. RODRIQUE

Supreme Court of New Hampshire.

January 31, 1973


Attorney(s) appearing for the Case

Nighswander, Lord, Martin & KillKelley and Mr. David J. KillKelley (Mr. Willard G. Martin, Jr., orally) for the plaintiff.

Snierson, Chandler & Copithorne for the defendant, filed no brief.

G. Wells Anderson as amicus curiae, by brief.


GRIFFITH, J.

Libelant appeals from a Superior Court (Dunfey, J.) ruling denying an uncontested libel for divorce based on irreconcilable differences which allegedly caused the irremediable breakdown of the parties' marriage. RSA 458:7-a (Supp. 1972). The principal issue at the trial, and the sole issue on appeal, is whether or not the four-year limitation set forth in RSA 458:26 II (Supp. 1972) bars a libel for absolute divorce filed less than four years after...

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