Ocean Springs Divorce Lawyer – You Both Cheat

If you get involved in an Ocean Springs divorce and you both cheat, what happens?

Here’s where some legal mumbo jumbo can get tricky.

If you separate first and then you have sex with someone other than your spouse, it’s still adultery in the eyes of the law.

I know that might not seem right but it is.

Ocean Springs Divorce Lawyer – Adultery Legal Mumbo Jumbo

Let’s look at an Ocean Springs divorce example from the Mississippi Supreme Court.

Everett Dykes and Jan Dykes were married and then separated.

Everett apparently had sex with someone other than Jan while they were separated.

Jan apparently had sex with someone other than Everett while they were separated.

Everett filed for divorce.

Jan did not want a divorce.

So she use what is called the “defense of recrimination.”

Let me give you legal mumbo jumbo before I talk in English.

The doctrine of recrimination is founded on the basis that the equal guilt of a complainant bars his/her right to divorce, and the principal consideration is that the complainant must come into court with clean hands.

Mississippi Code Annotated section 93–5–3 (Rev.2013) says: “If a complainant or cross-complainant in a divorce action shall prove grounds entitling him to a divorce, it shall not be mandatory on any chancellor to deny such party a divorce, even though the evidence might establish recrimination on the part of such complainant or cross-complainant.”

Jan admitted that the trial judge had discretion not to deny the divorce based on recrimination.

But, Jane said, she didn’t cause the separation because when she had sex with someone other than Everett it was AFTER the separation.

So, on appeal, Jan argued that when both parties are seeking a divorce, the trial judge must determine which of the parties will be granted the divorce by determining which party’s conduct was the cause of the deterioration of the marital relationship.

The problem for Jan with this rule is only Everett was seeking a divorce. Therefore, the above rule does not apply.

Also, the Mississippi Supreme Court has said that there’s no requirement that the adultery precede the spouses’ separation.

So, even though Everett admitted to having an affair, the trial judge was not required to deny him a divorce when he had proven that Jan had also committed adultery.

Ocean Springs Divorce Lawyer – Who Wins?

So, the Mississippi Supreme Court held that Everett gets a divorce from Jan because of adultery.