Ann R. Thomas v. Timothy E. Thomas (access required)

Given the conflicting evidence at trial, the court was not clearly erroneous in rejecting wife’s claim of constructive desertion; the judge considered the testimony of wife and her adult children regarding husband’s alleged resumption of drugs and alcohol and the effect it had on his behavior and mood, but was not persuaded that his actions put wife in such fear for her health, safety and self-respect that she could not remain in the marriage.

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