Whitmire v. Whitmire

Hill, Justice.

The question presented in this divorce case is: Where both parties seek a divorce on the ground that the marriage is irretrievably broken, does the trial court err in denying the divorce?

The trial court denied the divorce prayed for by both parties and the husband appeals. The husband filed his divorce petition alleging two grounds, cruel treatment by the wife and that the marriage was irretrievably broken. Code Ann. § 30-102 (10,13). The wife filed a counterclaim for divorce upon the same two grounds. Both parties waived trial by jury. After trial before the court, divorce was…