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Spouse One moved from State C to State D to attend a ten-month graduate certificate program. Spouse One rented a furnished apartment near campus, kept a State C driver's license, remained registered to vote in State C, and told friends that staying in State D after graduation would depend on whether a job offer came through. Spouse Two remained in State C.
After four months in State D, Spouse One filed for divorce in State D. State D's divorce statute requires the filing spouse to be a resident and domiciliary of State D for 90 days. It permits no-fault divorce after the spouses have lived separate and apart for six continuous months, and it also permits fault divorce for adultery, cruelty, or willful desertion. The spouses have lived apart for four months. Spouse One alleges that Spouse Two began dating someone else two months after the separation and that Spouse Two refused to answer several calls, but there was no physical violence or threat.
Discuss whether the State D court should entertain the divorce action now and whether Spouse One has established any available ground for divorce.