Family Law

Condonation?a defense to divorce in Mississippi?

By Robert M. Kisselburgh, Esq.

The ?I forgive you? defense

The second, and most commonly used, defense to a fault-based divorce is condonation. Essentially, it means forgiveness. The Mississippi Supreme Court explained condonation as:

?forgiveness of a martial offense theretofore committed, on condition that it will not be repeated and that the offender will thereafter treat the forgiving party with conjugal kindness. So long as the offending spouse observes the conditions on which the condonation rests, the unoffending spouse may not complain of the condoned offense.?

Lee v. Lee, 232 So.2d 370, 373 (Miss. 1970)

Full post as published by Mississippi Family Law Blog on May 20, 2008 (boomark / email).