A & B are married. During the marriage B filed an action for legal separation alleging that A shot her and seriously wounded her resulting in her permanent disability. Will the action prosper?

• A. The action will not prosper because B did not file a criminal case for frustrated parricide.
• B. The action will not prosper because there is a need for conviction of A for the crime committed.
• C. The action will prosper because the ground of attempt by one against the life of the other spouse needs only proof by preponderance of evidence.
• D. The action will not prosper because the act was a frustrated act of parricide, not attempted parricide.