Hooks v. Hooks

LAWSON, Justice.

This is a bill for divorce. It appears from 'the allegations of the bill that complainant and respondent are both residents of the State of Alabama. When this is the situation, divorce proceedings should be filed either in the county where the respondent resides or in the county where the parties resided when the separation occurred. Section 28, Title 34, Code of 1940; Puckett et al. v. Puckett, 174 Ala. 315, 56 So. 585; Hammons v. Hammons, 228 Ala. 264, 153 So. 210.

Section 28, Title 34, supra, however, has been held to be for the benefit of the parties and may be waived. It…