Durand v. Willis’s Empirical Analysis
1985
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently April 2007
10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Villas, Inc. v. Reese · 413 So. 2d 297 - Harrington v. Campbell · 412 So. 2d 649 - Quinn v. Quinn · Powell v. Flotation Services, Inc. · 188 So. 2d 224 - Sciortino v. Sciortino
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Lawful cause" necessary to justify a spouse's leaving the matrimonial domicile is not the equivalent of lawful grounds for a separation from bed and board under C.C. art. 138. When spouses are incompatible and come to this realization after sufficient reflection and reasonable attempts to resolve their differences, the law does not require them to continue living together until one or the other finally gathers sufficient evidence to prove one of the grounds listed in C.C. art. 138. If neither spouse has grounds for legal separation, they can agree to live separately until the passage of time required for obtaining a separation on the grounds of living apart, and the party leaving the matrimonial domicile is not automatically guilty of abandoning the spouse who remains. "Furthermore, this agreement to live separately may be express or may be implied from the action of the parties. A wife, for example, cannot implore her husband to continue living together on terms dictated by her and then claim abandonment when he declines to do so except on other terms. Since a successful marriage involves giving and taking, each spouse must do both, and when each declines to give, each will be deemed to have agreed to live separately."”
1 later decision quote this exact passage“Separation from bed and board may be claimed reciprocally for the following causes: . . . . . 3. On account of habitual intemperance of one of the married persons, or excesses, cruel treatment, or outrages of one of them toward the other, if such habitual intemperance, or such ill-treatment is of such a nature as to render their living together insupportable.”
1 later decision quote this exact passage“necessary to justify one spouse leaving the matrimonial domicile is the equivalent of lawful grounds for a separation under La.C.C. art. 138. The First, Second, and Third circuits follow the rule that when the exit from the common dwelling is based upon disagreements and misconduct, that exit is not for”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.