DIVORCE-SEPARATION FOR STATUTORY PERIOD AS A GROUND OF DIVORCE REGARDLESS OF FAULT

H sued W for a divorce on the statutory grounds that the parties had lived apart without cohabitation for ten years. The facts showed that the separation was caused by the willful abandonment of W by H and that H had lived in adultery after the separation and had not contributed to W's support since the separation. The trial court denied the divorce. On appeal, held, reversed.

Where H and W have lived apart for the statutory period without cohabitation, H was entitled to the divorce regardless of the cause of the original separation and regardless of his subsequent conduct. Robertson v. Robertson, (Texas, 1949) 217 S.W. (2d) 132.