(Download) "Docotovich v. Docotovich" by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Docotovich v. Docotovich
- Author : Supreme Court of Montana
- Release Date : January 18, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
1. Divorce ? Power of court statutory. Proceedings for divorce are purely statutory and the power which court exercises is only that conferred upon it by statute. - Page 57 2. Divorce ? Wifes right to counsel fees not absolute. The right of wife to counsel fees is not an absolute right, and to entitle her to such fees she must first make a prima facie showing of necessity on a proper hearing. 3. Divorce ? Court abused discretion in allowing fees. Provision in the decree denying a divorce on ground of desertion and denying wife separate maintenance, which allowed additional attorneys fees to wife, without proper showing of necessity for allowance of additional attorneys fee, was abuse of discretion. 4. Divorce ? Words and phrases "Desertion". "Desertion" in fact does not require that parties no longer reside under a common roof, or that they cease speaking to one another, or that all acts of kindness or consideration between them cease. 5. Divorce ? What constitutes desertion. Refusal of a wife, without just cause or excuse to live at domicile selected by husband is "desertion". 6. Divorce ? No condonation shown. Evidence established that husband was entitled to divorce on ground of desertion, and fact that wife returned for a few days to care for husband while he was ill failed to establish condonation or interruption of the desertion.