Friday, December 20, 2013
Both Parties at Fault
In divorce cases, many times both parties have statutory grounds for divorce. What does the judge do then? A discussion of this is in Kimbrough v. Kimbrough, 81 So. 3d 1187, 1188 (Miss. Ct. App. 2012) located here. In this case the trial court granted both parties a divorce on mutual desertion. The case was appealed and the Court of Appeals ruled that only one party may be granted a divorce on fault based grounds. Ultimately, the trial court has to pick whose conduct is greater in being the proximate cause of the breakup of the marriage. This can create a mess and yet another good reason for parties to proceed on irreconcilable differences.
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