Fulton v. Fulton
918 So. 2d 877, 2006 WL 51888 (2006)
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Rule of Law:
A spouse's resumption of sexual relations after learning of the other spouse's adultery serves as an implied forgiveness of the marital wrong, known as condonation, which bars the wronged party from later using that adultery as a ground for divorce.
Facts:
- October and Anitra Fulton were married on May 25, 1999, after living together since 1991 and having three children.
- Anitra Fulton engaged in an adulterous relationship which she ended in November 2001.
- In December 2001, Anitra confessed the affair to October.
- After the confession, the couple continued to live together and resumed sexual relations, which continued for several months.
- Throughout the relationship, October physically abused Anitra, including an incident in June 2002 for which he pleaded guilty to simple assault.
- In October 2002, October watched and did nothing while his girlfriend at the time physically attacked Anitra, causing injuries that required emergency room treatment.
Procedural Posture:
- October Fulton filed a complaint for divorce against Anitra Fulton in the Adams County Chancery Court (trial court) on the grounds of irreconcilable differences.
- Anitra Fulton filed a counterclaim for divorce, alleging October's habitual cruel and inhuman treatment.
- October amended his complaint to allege adultery and habitual cruel and inhuman treatment as grounds for divorce.
- The chancellor granted a divorce to Anitra on the grounds of habitual cruel and inhuman treatment and denied October's complaint for divorce on all grounds.
- October Fulton (Appellant) appealed the chancellor's decision to the Court of Appeals of Mississippi.
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Issue:
Does a spouse's resumption of sexual relations after learning of the other spouse's adultery constitute condonation, thereby barring that adultery as a ground for divorce?
Opinions:
Majority - Chandler, J.
Yes. A spouse's resumption of sexual relations after learning of the other spouse's adultery constitutes condonation, which bars that adultery as a ground for divorce. Condonation is the express or implied forgiveness of a marital wrong. In this case, October testified that although he was initially upset about Anitra's affair, he resumed sexual relations with her approximately two months after learning of it and continued to do so for several months. This conduct provided sufficient evidence for the chancellor to find that October had condoned Anitra's adultery, thereby forfeiting his right to seek a divorce on that basis.
Dissenting - Irving, J.
This opinion dissented without a separate written opinion.
Analysis:
This case serves as a straightforward application of the doctrine of condonation in divorce law. It reinforces the principle that a wronged spouse cannot forgive a marital offense, such as adultery, by resuming a full marital relationship and then later raise that same offense as a ground for divorce. The decision highlights that condonation is determined by the actions of the parties, with the resumption of sexual relations being powerful evidence of forgiveness. For future cases, it solidifies that a claim of adultery is subject to this equitable defense, requiring parties seeking divorce on that ground to have ceased marital relations upon discovering the infidelity.
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