Mitchell v. Mitchell

OPINION

HENRY, Justice.

This divorce action is before us on direct appeal pursuant to Section 16-408, T.C.A. Appellant challenges the constitutionality of a gender-based statutory scheme which provides for allocation of support monies and property to the wife upon dissolution of a marriage. We examine Sections 36-820 through 36-825, T.C.A., as they read prior to being amended in May 1979, 1 to determine whether in that form, they violated constitutional guarantees of equal protection under the law.

I

Betty Elizabeth Mitchell was granted an absolute divorce in the Fourth Circuit Court of Davidson…