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The Best Defense to Adultery in Mississippi

Posted on Wednesday, December 22, 2010

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Adultery is one of the more complicated divorce grounds due to the number of emotional components involved.  I’ve heard both sides of the equation, and I know talking about an affair in court is something you probably don’t want to do.  There are ways to defend against allegations of adultery, and one of them works every time.   

If you don’t want your spouse to sue you for divorce based on adultery, don’t have an affair.  If you’re having thoughts about crossing that line, go talk to your pastor or, if you don’t have one, come to church with me and I’ll introduce you to one.  Talk to a friend who has gone through a nasty divorce and ask them about how difficult it was.  Think of what your grandparents would say; think about what your mom would say; think about what it will do to your kids; and, finally, if those things aren’t enough, remember the promises you made to your spouse when you got married.  You owe it to him/her to find a counselor and talk about things before you irreparably complicate your relationship.

If it’s too late, though, and adultery has been committed, Mississippi family law recognizes certain defenses to divorce.  One important defense is called condonation.  This theory says that one spouse can’t sue the other for divorce if the marital wrong has been forgiven.  Condonation can be either express or implied, but the mere fact that the parties continue to live together does not necessarily equal condonation. Also, condonation is applicable only if the offending spouse continues with good behavior.  In reality, condonation is kind of like temporary probation:  another bad act by the guilty spouse within a reasonable time after the parties resume cohabitation may be enough to erase the defense. Conduct both before and after the supposed condonation can be looked at together to establish the cause for divorce.

 By Jeremy P. McNinch

 

 

 

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