Carambat v. Carambat
Mississippi Supreme Court
72 So. 3d 505 (2011)
Stacy Carambat (plaintiff) and James Carambat (defendant) married in March 1993 and had twin boys in January 1999. Stacy filed for divorce in September 2008, alleging habitual and excessive drug use by James and seeking equitable division and custody of the twins. James denied Stacy’s grounds for divorce and her claim for custody of the children. During the trial, Stacy and James testified to James’s drug use. Stacy admitted she knew James regularly smoked marijuana before their marriage, and James admitted he had been smoking marijuana since he was 14 years old. James continued to use marijuana after the twins’ birth, causing familial conflicts. James claimed Stacy never asked him to quit his marijuana usage. Stacy testified she feared James would get into legal trouble because of his constant possession and use of marijuana. However, James also provided testimony that Stacy was engaging in an affair. The trial court found that evidence showed James’s habitual and excessive use of marijuana. James raised the defense of condonation, and Stacy objected, asserting James had failed to plead this as an affirmative defense. The trial court also refused to grant a divorce on the basis of Stacy’s adultery because James failed to request a divorce on that ground. The trial court granted a divorce on the basis of excessive and habitual drug use and granted Stacy custody of the twins. James appealed.
Rule of Law
Holding and Reasoning (King, J.)
Dissent (Carlson, J.)
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