Cooper v. Cooper

This is a divorce case.

The husband initiated divorce proceedings on May 23, 1973, by filing a petition for divorce on the ground of incompatibility. The wife filed an answer and an amended cross-complaint seeking divorce on the ground of adultery.

After hearing, the trial court found that the husband had proved that the parties were incompatible and that the wife had proved that the husband was guilty of adultery. Based on that finding, the trial court denied a divorce to either party due to the doctrine of recrimination. On appeal this court reversed the trial court's judgment and remanded…