Family Law

Mississippi case highlights conduct during separation

By Robert M. Kisselburgh, Esq.

Adultery during separation provided grounds for divorce

In a recent case out of Jackson County, Mississippi, the Court of Appeals upheld a chancellor's decision to grant a divorce based on adultery even though the husband and the alleged paramour denied the affair. The case illustrates three points.

The first is that you don't need direct evidence of adultery. Rather, in Mississippi, you must prove by clear and convincing evidence that the person had "an adulterous inclination coupled with an opportunity to consummate the inclination." The adulterous inclination "may be proven by showing either an infatuation with a particular person or a general adulterous propensity."

Full post as published by Mississippi Family Law Blog on May 13, 2008 (boomark / email).