Tucker v. Tucker

The husband petitioned for a modification of a prior decree of divorce pursuant to section 30-2-55, Code of Alabama 1975 (Cum.Supp. 1980), alleging the wife had cohabited or lived openly with a member of the opposite sex.

After an ore tenus hearing, the trial court granted the husband's petition and the wife appeals. We affirm in part and reverse in part.

For clarity, we will discuss the facts which are pertinent to each of the four issues raised by the wife on appeal:

I. The trial court abused its discretion in finding that the wife had cohabited or lived openly with a member of the opposite…