Duke v. Duke

This appeal is from a final divorce decree. Jack Wesley Duke petitioned the Circuit Court of Tuscaloosa County for a divorce from his wife, Rubye Nelle Duke. His complaint alleged incompatibility of temperament and irretrievable breakdown of the marriage.

The cause was convened for trial on September 23, 1983. After this hearing the trial court divorced the parties tentatively on the ground of incompatibility of temperament, but reserved the right to change the grounds of divorce should the evidence so warrant. Apparently, the trial court did not want to make a final decision until the wife…