Evidence of Post-Complaint Adultery May Serve As Legal Basis For Divorce

Ex parte Grimmett, [Ms. 1200220, Jan. 14, 2022] __ So. 3d __ (Ala. 2022). The Court, in a plurality opinion, (Parker, C.J.; Mitchell, J., concurs in part and concurs in the result; Bolin, Shaw, Wise, Bryan, Sellers, Mendheim, and Stewart, JJ., concur in the result) affirms a judgment of the Court of Civil Appeals which affirmed a judgment of the Winston Circuit Court, without opinion, that entered a judgment divorcing Jason Tyler Grimmett from April Grimmett on the ground of adultery by Jason which was supported by evidence of adultery committed after the complaint for divorce had been filed. Following a critical review of Alabama law concerning statutory grounds for divorce before the merger in 1973 of Law and Equity, the Court finds nothing in § 30-2-1(a)(2), Ala. Code 1975, prohibiting evidence of post-complaint adultery as serving as one of the statutory grounds for divorce in Alabama.

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