Parker v. Parker
Supreme Court of Mississippi
519 So. 2d 1232 (1988)
Carolyn Parker (plaintiff) and James Parker (defendant) were married for approximately 18 years. They lived on a three-acre property on which each also ran a business: Mrs. Parker operated a beauty salon and Mr. Parker a garage. After separating in 1984, Mrs. Parker filed for divorce on the grounds of cruel and inhuman treatment. Witnesses on her behalf provided uncontested testimony regarding Mr. Parker’s abusive behavior toward her, including unwarranted suspicion and jealousy, threats and use of physical force and harassment, and Mr. Parker’s own inclination toward infidelity. As a result of Mr. Parker’s behavior, Mrs. Parker’s business lost customers and eventually closed. At trial, Mr. Parker defended against the divorce on the grounds of recrimination, alleging that Mrs. Parker had committed adultery, albeit after the couple separated. The trial court denied Mrs. Parker’s petition for divorce on the basis that her adulterous conduct precluded it. Mrs. Parker appealed.
Rule of Law
Holding and Reasoning (Lee, C.J.)
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