Harwell v. Harwell

OPINION

FRANKS, Judge.

This appeal presents the issue of whether the adultery of the husband is a bar to his obtaining a divorce on the ground the parties have lived at separate residences for more than three years, without cohabiting as man and wife during the period and have no minor children, as established by *141T.C.A., § B6-4-101(12).1

On February 18, 1988, the wife was awarded a decree of separate maintenance and it was established in that proceeding that the husband was engaging in an adulterous relationship.

On May 7, 1985, the husband filed a complaint for an absolute divorce, averring more…