Jenkins v. Jenkins
Court of Appeal of Louisiana for the Second Circuit
882 So. 2d 705 (La. Ct. App. 2004)
Relevant factsFree
Brenda Jenkins (plaintiff) moved out of the home she shared with Frank Jenkins (defendant) and refused to return, then filed for divorce and sought spousal support. Frank argued Brenda's departure was desertion, making her at fault and ineligible for support. Brenda testified Frank drank excessively every day and that his drinking led to abuse. The trial court found Brenda was not at fault and awarded her spousal support; Frank appealed.
IssueFree
Whether, to prove desertion as a ground for fault-based divorce, a party must show the spouse withdrew from the common home, left without lawful cause or justification, and constantly refused to return.