Cooper v. Cooper

Citations

• 37 Pa. Super. 246
• 1908 Pa. Super. LEXIS 271

Syllabus

<p>Divorce — Presumption—Voluntary separation — Desertion.</p> <p>A divorce will not be granted to a husband for desertion by his wife, where there is no evidence as to whether his wife went voluntarily, was expelled by her husband, or left in pursuance of a mutual agreement, while there is evidence that the husband within a few days after the departure of his wife leased his house to a tenant, left the state, and never made any attempt to communicate with his wife, or to give her any intimation as to where he had located. In such a case the law will presume that the parties separated by mutual consent.</p> <p>Separation by mutual consent is not willful and malicious desertion, and is no ground for divorce in Pennsylvania.</p>