Facts

Judith Reid (plaintiff) and Dr. Robert Reid (defendant) were married for approximately 19 years and had four children. Throughout their marriage, Dr. Reid worked long hours and often multiple jobs. He supported the family financially. From an early point in their marriage, the Reid’s sexual relations were infrequent. Dr. Reid also suffered from impotency from time to time. The couple did not have sex at all for two or three years prior to separating. Mrs. Reid was unhappy with the couple’s sex life as well as the amount of time Dr. Reid spent on his work as opposed to helping to raise their children. She further complained that they lacked a caring relationship. Mrs. Reid told Dr. Reid of her unhappiness, but he failed to perceive any problems. Eventually, the couple entered counseling, but it was unsuccessful. A number of months later, Mrs. Reid told her husband that she desired to separate. The following year, Mrs. Reid obtained an apartment without telling Dr. Reid. After they discussed the marriage without mutually agreeing to separate, Mrs. Reid moved out of the house. Two months later, she filed for divorce, alleging that Dr. Reid’s conduct had compelled her to leave the marriage. Dr. Reid countersued for divorce on the grounds of desertion. The commissioner hearing the matter denied the divorce on grounds of fault and recommended that the chancellor issue a no-fault divorce. The chancellor accepted that recommendation. Dr. Reid appealed.

Rule of Law

Issue

Holding and Reasoning (Koontz, C.J.)