Sternberg v. Sternberg

Citations

• 73 Pa. Super. 328
• 1920 Pa. Super. LEXIS 14

Syllabus

<p>Divorce — Desertion—Separation by consent.</p> <p>Desertion is an actual abandonment of the marital cohabitation, with an intent to desert, wilfully and maliciously persisted in without cause for two years. The guilty intent is manifested when, without cause or consent, either party withdraws from the residence of the other. The guilty intent to desert is rebutted where the separation is encouraged by the other party or by mutual consent. Until one or the other party destroys the prior ¡status and revokes the consent by making a bona fide offer to resume marital relations which offer is refused, the separation must be regarded as consentable.</p> <p>In an action for divorce on the ground of desertion where it appeared that the parties had been living with libellant’^ mother, and that respondent had been forced to leave the house by his mother-in-law with the libellant’s consent; that he had afterwards made numerous requests to the libellant to come and live with him, which she had refused, the respondent cannot be deemed •guilty of desertion and a decree granting a divorce will be reversed.</p>