Family Law

Condonation?when is it a defense to divorce in Mississippi?

By Robert M. Kisselburgh, Esq.

Is resumption of sexual relations enough?

Last time I spoke generally about condonation as a defense to fault-based divorce in Mississippi. Let?s take a look at its application in some specific divorce cases. In the case of adultery, condonation means the innocent spouse forgives the spouse who committed adultery and the spouses resume normal marital relations. However, the analysis is not so straightforward, especially given some recent cases.

In a recent case out of Hinds County, Mississippi, the court found there was insufficient proof of condonation where the husband had sexual relations with his wife after he knew she committed adultery. The Court stated that when the husband had sex with his wife that one time, he ?made it clear? to her ?before she arrived at his home that he still wanted a divorce?. He even asked? his wife ?whether she would use their encounter against him at some later point.?

In my next post, I will talk about condonation applying to those continuing offenses such as cruel and inhuman treatment and habitual drug use.

Full post as published by Mississippi Family Law Blog on May 22, 2008 (boomark / email).