Ocean Springs Divorce Lawyer – You Cheat
If you are in the middle of an Ocean Springs divorce or you are thinking about getting one, but you are concerned because you cheated, what should you do?
This brings up something that lawyers call “condonation.”
Lawyers have to make up weird names that don’t sound as if they are English for some strange reason.
The best way to figure this out is to talk about a case from our Supreme Court.
Ocean Springs Divorce Lawyer – Mississippi Supreme Court
The case is Wood v. Wood.
Mary Wood marries Grafton Wood.
Mary then cheats on Grafton.
Grafton then files for divorce.
Grafton wants a divorce for adultery.
Mary says, wait a minute, Grafton can’t get divorced for adultery because after I cheated on him, he took me back as his wife!
What????
The trial judge finds that Grafton does get a divorce from Mary because of her adultery.
Mary argues to our Supreme Court, that when she cheated on Grafton it was back in 1983.
Since Grafton took her back as his wife after 1983, then he can’t divorce her based on adultery.
Here’s what the Mississippi Supreme Court says (watch out here comes the legal mumbo jumbo!):
The defense of condonation is recognized in our law. Condonation is the forgiveness of a marital wrong on the part of the wronged party. Condonation may be expressed or implied.
The mere resumption of residence does not constitute a condonation of past martial sins and does not act as a bar to a divorce being granted.
Condonation, even if a true condonation exists, is conditioned on the offending spouse’s continued good behavior.
If the offending party does not mend his or her ways and resumes the prior course of conduct, there is a revival of the grounds for divorce.
In practical effect, condonation places the offending spouse on a form of temporary probation. Any subsequent conduct within a reasonable time after resumption of cohabitation which evidences an intent not to perform the conditions of the condonation in good faith, may be sufficient to avoid the defense of condonation, even though the conduct so complained of in and of itself may not be grounds for divorce.
An entire course of conduct rule applies. A party’s conduct both before and after the alleged condonation can be joined together to establish the cause for divorce.
Grafton says that after 1983, he and Mary did NOT have sexual relations.
He further denied that he effected a legal condonation of Mary’s prior course of conduct in any other way. So the Supreme Court says the trial judge was right since Grafton says all this. In other words, the trial judge believes Grafton so Grafton wins.
Ocean Springs Divorce Lawyer – What Does It Mean In English?
So in English, what does all this mean?
If your spouse cheats on you and then you later have sex with your spouse, you might not be able to get a divorce for adultery.
My one sentence above is so much easier to understand than all the legal mumbo jumbo!!!
