Whittington v. Whittington

Marshall, Justice.

The appellee husband sued the appellant wife for divorce on the ground that their marriage is irretrievably broken. Code Ann. § 30-102 (13). The wife filed an answer denying that the marriage is irretrievably broken, and she requested that she be awarded separate maintenance. The husband filed a motion for summary judgment on the issue of divorce, together with a supporting affidavit. The wife opposed the husband’s motion for summary judgment, and she filed a counter-affidavit. The trial judge granted the husband’s motion for summary judgment. The wife appeals. We reverse.

If,…