This brief note is concerned with two recent decisions in the State of Washington touching the law of divorce, Shaw v. Shaw, decided August 22, 1928, by Department One, and Haller v. Haller, decided October 8, 1928, by Department Two. The facts of both cases turn upon incompatibility or the inability of the parties to live together. In the Shaw case the court holds that since the enactment of the Session Laws of 1921, p. 331, this is no longer ground for divorce in this state. In the Haller case the other department of the court apparently holds that it is a ground for divorce. The Shaw case points out that the present law of divorce is predicated upon the element of fault of the delinquent spouse and that the divorce is granted upon the application of the "injured" party.
E. B. Herald,
Notes and Comments,
Incompatibility of Parties as Ground for Divorce,
Wash. L. & Rev.
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