Menton v. Menton

This is a case of modification of a prior divorce decree. The issue is whether the trial court erred in denying modification because of failure of proof of change of circumstances since the last decree. We find the trial court erred in applying the law to the facts.

The facts are established by an agreed record compiled under Rule 10, Alabama Rules of Appellate Procedure. The record as compiled indicates little if any dispute as to basic material facts.

The record indicates the following: The parties were divorced by judgment of May 22, 1980. There was an agreement as to custody of the two…