Ann (Carole Lombard) and David Smith (Robert Montgomery) are a happily married couple living in New York. One morning, Ann asks David if he had to do it over again, would he marry her? To her shock, he answers he wouldn't. Later that day, they both separately find out that, due to a complication when they married three years ago, they are in fact not legally married. Ann does not mention this to David, and thinks he will remarry her that very night after he takes her out to a romantic dinner. When this does not happen, she angrily kicks David out of their home.