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Peters v. Peters

906 So. 2d 64 (2004)

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Peters v. Peters

Mississippi Court of Appeals

906 So. 2d 64 (2004)

Facts

In 1977, Catherine Peters (plaintiff) and Michael Peters (defendant) married and had four children. In 2000, Catherine and Michael separated. Catherine filed for divorce the following year, seeking a fault-based divorce on the grounds of habitual cruel and inhuman treatment. Catherine introduced evidence that Michael had pushed, shoved, and slapped her on multiple occasions. Catherine also introduced evidence that Michael would curse at her and verbally assault her. Although Michael’s testimony contradicted Catherine’s version of the events, the Peterses’ children corroborated Catherine’s version. The trial court concluded that Michael’s conduct toward Catherine constituted habitual cruel and inhuman treatment and that such conduct began in 1984 and lasted until the Peters separated. The trial court granted Catherine the fault-based divorce as well as custody over the children. Michael appealed on the ground that Catherine had not shown a specific act that led to the separation and that Catherine had not shown that Michael had endangered her or created a reasonable apprehension of danger.

Rule of Law

Issue

Holding and Reasoning (Myers, J.)

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