Fox v. Fox

OPINION

DROWOTA, Justice.

We granted Appellant’s Rule 11 Application for Permission to Appeal in order to consider the difficult question of whether a divorce may be granted upon the statutory ground of cruel and inhuman treatment, when both parties to the divorce action have committed adultery during the marriage. In this case, both the trial court and the Court of Appeals have found the Appellant guilty of cruel and inhuman treatment and awarded her husband a divorce. Appellant contends that once there is proof of adultery on the part of both parties, as in this case, neither party is…