Legal Opinion · Dissent

Coker v. Coker

Supreme Court of Arkansas

Decided October 11, 2012No. 11-1257Published

1DissentDanielson, J.

Because the majority should have taken the opportunity |10to overrule Rachel v. Rachel, 294 Ark. 110, 741 S.W.2d 240 (1987), rather than citing it with approval, I dissent.1 I recognize that the attorneys and the circuit court in this case could have relied on Rachel; however, it was quite clearly a rogue opinion which changed the law and basically rewrote the applicable statute.

We have repeatedly held that divorce is a creature of statute and can only be granted when statutory grounds have been proved and corroborated. See Oates v. Oates, 340 Ark. 431, 10 S.W.3d 861 (2000); Russell v.…

2Cases cited8 opinions

  1. Lytle v. LytleSupreme Court of Arkansas · 1979
  2. McNew v. McNewSupreme Court of Arkansas · 1977
  3. Russell v. RussellSupreme Court of Arkansas · 1982
  4. Welch v. WelchSupreme Court of Arkansas · 1973
  5. Oates v. OatesSupreme Court of Arkansas · 2000

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