Wooten v. Wooten

The former husband, plaintiff in the trial court, appeals a final judgment of *293divorce and assigns as error the refusal of the trial court to permit an amendment of his complaint at the conclusion of his case to include the additional ground of adultery. The final judgment granted a divorce to the plaintiff-husband upon the grounds of extreme cruelty and provided alimony for the defendant-wife. The record establishes that the plaintiff knew of the allegedly adulterous conduct prior to filing the complaint for divorce. The wife’s conduct was the subject of discovery and was introduced as…