HUSBAND B. v. WIFE B.


389 A.2d 275 (1977)

HUSBAND B., Petitioner, v. WIFE B., Respondent.

Family Court of Delaware, New Castle County.

Decided August 18, 1977.


Attorney(s) appearing for the Case

Joseph W. Benson, of Gallo & Benson, Wilmington, for petitioner.

Garry G. Greenstein, of Knecht, Greenstein & Berkowitz, Wilmington, for respondent.


WAKEFIELD, Judge.

This is a contested divorce alleging alternative grounds of voluntary separation and incompatability. Petitioner first asserts that a denial in the Answer to the Complaint that the parties voluntarily separated is not sufficient to constitute a denial within the meaning of 13 Del.C. § 1503(8), which states:

"... but if respondent denies that the separation was voluntary, then mutual...

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