Ellam v. Ellam

333 A.2d 577 (1975)

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Nature of the Case

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Facts

H (P) sought a divorce on grounds of separation. W filed a counterclaim for desertion. The parties were childless and purchased a house, but the marriage was in trouble and H moved out and moved into his mother's home. The parties maintained many aspects of their relationship after the separation including sexual relations for about 10 more months. They basically lived like a married couple except that H left the home to sleep at his mother's and returned every morning to resume a normal life. H even spent weekends at the marital home doing chores, the couple accepted social invitations and W even accompanied H to an out of state convention. The issue presented was whether the conduct meant that they were living separate and apart.