Kimbrough v. Kimbrough

RUSSELL, J.,

for the Court:

¶ 1. Lane and Cristal Kimbrough both appeal the Smith County Chancery Court’s final decree of divorce on the ground of desertion. Neither party asserted the other deserted the marriage, and the record contains no proof to support the grant of a divorce on that ground. Upon review, we reverse the final decree of divorce and remand for a new trial.

FACTS

¶ 2. Cristal filed for divorce on the grounds of Lane’s alleged habitual cruel and inhuman treatment and habitual drunkenness. Lane counterclaimed, alleging habitual cruel and inhuman treatment and adultery by Cristal.

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