Washington v. Washington

McCOMB, J. From a judgment denying plaintiff’s application for a decree of divorce on the ground of desertion, she appeals.

The undisputed facts are these :

Plaintiff had lived in the county of Los Angeles, State of California, for about 25 years prior to February 19, 1948, [812]the date the present action was filed. She and defendant were married February 21, 1923. On November 11, 1930, defendant without explanation and without any apparent cause took his belongings and left plaintiff to support herself and the three minor children of the parties, stating to plaintiff that he was going away and that she was capable of taking care of the family. Thereafter plaintiff did not see or hear from defendant until 1935, when the county authorities brought him from Arizona because of his failure to provide for his minor children. On this date plaintiff saw defendant for one half hour and he agreed to take the two boys and provide for them, but upon his return to Arizona he failed to do so and plaintiff has not seen him since.

For the last three Christmases defendant has called on the telephone and asked about his children and whether the boys were home from the service. He has not provided any support for plaintiff or the children since he left.

Plaintiff testified that she had lived in Los Angeles for 25 years but had not filed this action sooner because having to support herself and her children she was financially unable to do so. Her daughter testified that her mother had lived in Los Angeles County to her knowledge for 21 years prior to the filing of the complaint; that her father had left her mother when the witness was 2 or 3 years old and had not lived with her mother since the time he left; that he made no explanation as to where he had been nor had he returned to plaintiff; that she had seen him only once in 1944, when she graduated from high school; and that at such time he did not make any attempt to communicate with her mother.

Upon this state of the record the trial judge denied an interlocutory decree of divorce for the following reasons: (1) long delay in bringing the action; (2) lack of proof of nonconsent to the separation; and (3) lack of corroboration of proof of nonconsent to the separation.

Questions for Determination

First: Was there adequate explanation of plaintiff’s long delay in filing the present action for divorce?