What is the meaning of intent without corresponding action in a divorce action?
Alberta, Canada
The following excerpt is from Foote Estate (Re), 2009 ABQB 654 (CanLII):
Intention without corresponding action was the decisive consideration in Fedeluk v. Fedeluk, a divorce action. The trial court ruled that the husband had not acquired a domicile of choice in Alberta and the action was dismissed. The husband was born in Manitoba and came to Alberta in 1963, where the parties married in 1966. After he got out of jail in 1967, he testified that he had no intention of going back to Manitoba, and that he planned to stay in Calgary for the time being, but wanted to go to the United States in about two years time.
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