What is the difference between an action for separate maintenance based on the ground of cruelty and an action of divorce?
California, United States of America
The following excerpt is from San Chez v. Superior Court In and For Los Angeles County, 153 Cal.App.2d 162, 314 P.2d 135 (Cal. App. 1957):
An 'action of divorce' has for its objective the dissolution of the marriage; whereas the objective of an action for separate maintenance is to secure provision for permanent [153 Cal.App.2d 165] support and maintenance without dissolving the marriage. An action for separate maintenance based on the ground of cruelty in not 'an action of divorce [in which] adultery is charged'. See Jonitz v. Jonitz, 25 N.J.Super, 544, 96 A.2d 782, 786. Code of Civil Procedure sec. 1019 in terms limits the duty of serving
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