In Re Marriage of Hardin

I

Doris and Victor Hardin married in 1961. On June 28, 1969, Victor walked out of their apartment and although he and Doris continued their economic relationship, saw each other often, and communicated regularly, they eventually dissolved their marriage.

None of the above is so unusual. Many couples experiencing marital problems stop living in the same residence but nevertheless maintain financial ties and a cordial relationship until they finally go forward with the dissolution. What makes this situation unique is the time frames of these events. Specifically, 14 years transpired between Victor’s exiting the family residence and dissolution of the marriage. And even then the matter was not entirely concluded. Although the parties dissolved their marriage in 1983, they neither divided their property nor established support obligations. Indeed, those matters are still pending. However, progress is being made. In 1991, Doris and Victor, wishing to finally resolve the remaining issues, agreed the court should determine their date of separation.

At the hearing, Doris contended they separated in 1983 when Victor, wishing to remarry, went forward with the dissolution. The…