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Anderson v. Anderson

Court of Appeals of the State of Mississippi
54 So. 3d 850 (Miss. Ct. App. 2010)


Facts

Donald Anderson (plaintiff) filed for divorce from his wife, Merlene (defendant), based on habitual cruel and inhuman treatment, or, alternatively, irreconcilable differences. Donald claimed that Merlene physically and verbally abused him as well as his two children from a previous marriage, threatened him, attempted to ruin his reputation as pastor of his church, and falsely accused him of having an affair. At trial, the children corroborated Donald’s claim that Merlene was physically and verbally abusive, but a guardian ad litem that the Mississippi Chancery Court appointed did not find sufficient evidence of child abuse. Merlene presented circumstantial evidence, including hotel rooms and emails, that Donald had an affair. The Mississippi Chancery Court found Merlene’s evidence unpersuasive and found that her accusations of adultery were unfounded. This, combined with Merlene’s other behavior led the Mississippi Chancery Court to find in favor of Donald and grant divorce based on habitual cruel and inhuman treatment. Merlene appealed.

Rule of Law

Issue

Holding and Reasoning (Griffis, J.)

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