Order


#1

Order from Judge

In light of both parties’ testimony; (a) that they were getting along with one another; (b) that since the filing of the Complaint herein, they have been residing in the house together, albeit in separate bedrooms; and © which demonstrated concern for the well-being of the other and a current lack of intolerable conditions, the Court finds that plaintiff failed to prove her claim by a preponderance of the evidence presented at this hearing, and will therefore order such claims dismissed as a matter of law; however, to the extent that the parties’ current amicable arrangement may well have been an unavoidable result of the discovery and scheduling period between the filing of the pleadings and the hearing, plaintiff should be allowed to present her claims anew, should the circumstances of the parties’ living situation materially change.

How long does this order stay in effect? As long as she likes?


#2

The order dismisses the claims and allows them to be brought again later if circumstances change.


#3

Incurable insanity is not a grounds for divorce from bed an board.


#4

I know it can be brought later, but is there a time when that expires? That she would have to file a new complete separation of bed and board.


#5

Yes, she would have to bring a renewed action, and can do so at anytime.