Sunday, July 1, 2018

Marital Fault

I came across this in an opinion and found it helpful in determining when fault should be considered by the trial court.  Marital misconduct is a viable factor entitled to be given weight by the chancellor when the misconduct places a burden on the stability and harmony of the marital and family relationship." Bond v. Bond, 69 So. 3d 771, 773 (¶6) (Miss. 2011) (citing Carrow v. Carrow, 642 So. 2d 901, 904 (Miss. 1994)). Where the only evidence of adultery occurred after the couple's separation; it is not error in refusing to give weight to this factor as there was no evidence that it harmed the marital relationship.

No comments:

Post a Comment