Miller v. Miller

Gregory, Justice:

Respondent Robert C. Miller brought this action for divorce on the ground of adultery. Appellant Jewel L. Miller counterclaimed seeking separate maintenance, enforcement of a separation agreement executed by the parties prior to the filing for divorce, and attorney’s fees. The trial judge granted respondent a divorce on the ground of adultery, found he lacked jurisdiction to consider the matters raised in the separation agreement, and found appellant’s adultery barred alimony and attorney’s fees. We reverse and remand.

Appellant first argues the trial judge erred in failing to…