Wife S v. Husband S

DUFFY, Justice:

In this case, the Family Court granted a divorce to a husband on the grounds of incompatibility, after refusing to permit his wife to offer testimony to show that the alleged incompatibility was not mutual. The propriety of that ruling is the critical issue in the appeal.

I

In many cases decided over the last decade, this Court has repeatedly held that mutuality of conflict and discord is a requisite for a divorce upon the grounds of incompatibility. See, for example, T. v. T., Del.Supr., 314 A.2d 176 (1973); Husband v. Wife, Del.Supr., 280 A.2d 710 (1971); R.M.H. v. S.M.H.,…