Mississippi case highlights conduct during separation
Adultery during separation provided grounds for divorce
In a recent case out of Jackson County, Mississippi, the Court of Appeals upheld a chancellor's decision to grant a divorce based on adultery even though the husband and the alleged paramour denied the affair. The case illustrates three points.
The first is that you don't need direct evidence of adultery. Rather, in Mississippi, you must prove by clear and convincing evidence that the person had "an adulterous inclination coupled with an opportunity to consummate the inclination." The adulterous inclination "may be proven by showing either an infatuation with a particular person or a general adulterous propensity."
The second point is that the adulterous affair allegedly took place after the parties separated. As the court stated, "there is no requirement that the adultery precede the spouses' separation." Thus the reminder--you are married until divorced. There is no in-between. When separated, don't date. You are still married and your conduct will be judged by the chancellor. You conduct during separation may provide the grounds for a divorce which did not exist prior to separating.
The final and most important point is that the chancellor will judge the credibility of the parties' testimony and if you attempt to deceive the court, it will hurt you. Although the husband denied having an affair, the Court also found he hid assets from his wife and the Court. If a person will fail to disclose their financial information to the Court, it is just as likely they will fail to disclose more personal matters to the Court, such as the existence of an affair. Don't hide facts from the Court--it will hurt your case.
