Lawrence v. Lawrence
Mississippi Court of Appeals
956 So. 2d 251 (2006)
- Written by Serena Lipski, JD
Facts
April and Andy Lawrence were married in 1988. The two separated in the spring of 2003; they separated for a week, with Andy leaving the marital home. When Andy returned to their home, April confronted him about rumors that he had engaged in an affair. Andy admitted to the affair and asked for forgiveness. April filed for divorce on April 17, 2003, citing adultery and in the alternative, irreconcilable differences. Both spouses filed affidavits that Andy admitted to the affair, which occurred in 2002. Although they tried to reconcile, April did not dismiss her complaint for divorce, and in the fall, April asked Andy to move out, which he did not do. In December 2003, April moved out. Andy filed a motion for summary judgment on April’s claim of adultery because of condonation. April’s response to Andy’s motion for summary judgment included an affidavit in which April alleged that he continued to have an affair even after they attempted to reconcile and that Andy only resumed their marital relationship to defeat the adultery grounds for divorce. The chancellor granted Andy’s motion for summary judgment on the adultery grounds, and April appealed.
Rule of Law
Issue
Holding and Reasoning (Griffis, J.)
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