Marriage of Hardin

Victor Hardin (plaintiff) and Doris Hardin (defendant) married in 1961. On June 28, 1969, Victor permanently moved out of the marital residence. Victor and Doris agreed that their relationship remained the same in some ways after Victor moved out: their economic relationship remained the same; Victor continued to receive mail at the marital residence and indicated on various forms that he lived at the marital residence; Victor and Doris maintained close personal ties; Doris continued in her position in the family business; and Victor sent Doris many cards declaring his love for her, referring to himself as her husband, and promising that he would change his ways. In 1982, Victor and Doris asserted in bank documents that they were married and not separated. In 1983, Victor decided for the first time that he wanted to divorce Doris, and he began divorce proceedings. At trial, Doris argued that they separated in 1983 when Victor decided he wanted to divorce Doris. Victor argued that they separated on June 28, 1969, when he permanently moved out of the marital residence. The trial court created an objective standard to determine the separation date, deciding that the separation date was the date when society would consider Victor and Doris to have separated, based on the following facts: (1) Victor and Doris frequently argued before Victor permanently moved out of the marital residence, (2) Victor permanently moved out of the marital residence on June 28, 1969; (3) Victor and Doris did not resume physical relations or attend social events together; (4) Victor and Doris dated others; and (5) Doris filed three petitions for divorce, each alleging a separation date of June 28, 1969. The trial court determined based on facts one through five that the separation date was June 28, 1969. Doris appealed, arguing that the separation date was in 1983, the year Victor decided he wanted to divorce Doris.