Thomasson v. Thomasson

I respectfully dissent. Both parties having made out grounds for divorce, and neither party having made out a defense, I would grant the divorce to both parties.

I

Under prior case law, when both parties proved grounds for divorce, neither party was entitled to a divorce. Brewies v. Brewies, 27 Tenn.App. 68, 178 S.W.2d 84 (1943). Divorce was seen as “a remedy for the innocent against the guilty; hence, if both parties are equally at fault, a divorce will not be granted.” Id. 27 Tenn.App. at 72, 178 S.W.2d at 85. See also Brown v. Brown, 198 Tenn. 600, 281 S.W.2d 492 (1955); Canning v. Canning,…