Bond v. Bond


<- Return to Search Results


Docket Number: 2010-CA-00637-COA

Court of Appeals: Opinion Link
Opinion Date: 08-16-2011
Opinion Author: Maxwell, J.
Holding: Affirmed

Additional Case Information: Topic: Divorce: Adultery - Equitable distribution - Consideration of marital fault
Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton and Russell, JJ.
Procedural History: Bench Trial
Nature of the Case: CIVIL - DOMESTIC RELATIONS

Trial Court: Date of Trial Judgment: 02-17-2010
Appealed from: Oktibbeha County Chancery Court
Judge: Kenneth M. Burns
Disposition: DIVORCE GRANTED TO HUSBAND ON GROUND OF ADULTERY; MARITAL ASSETS DIVIDED
Case Number: 09-0180-B

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Jimmie Lee Bond




WILLIAM L. BAMBACH



 
  • Appellant #1 Brief

  • Appellee: Donna Shanell Bond ROBERTA LYNN HAUGHTON  

    Synopsis provided by:

    If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals
    hand downs please contact Tammy Upton in the MLI Press office.

    Topic: Divorce: Adultery - Equitable distribution - Consideration of marital fault

    Summary of the Facts: Jimmie Bond was granted a divorce from Donna Bond on the ground of adultery. In dividing the property, the chancellor awarded approximately ninety percent of the marital assets to Jimmie. Jimmie filed a motion to reconsider, which the chancellor denied. He appeals.

    Summary of Opinion Analysis: Jimmie argues that the chancellor abused his discretion by failing to expressly consider Donna’s adulterous acts when dividing the marital estate. In ordering an equitable distribution of property, chancellors must apply the Ferguson factors. Chancellors should also consider each party’s marital fault. In assessing the factor for the parties’ contribution to the stability and harmony of the marriage, the chancellor found that “[n]either Jimmie nor Donna did all they could to provide stability and harmony to the family. Donna became infatuated with another man[,] and her romantic relationship with this third party caused the dissolution of the marriage.” Thus, Jimmie’s contention that the chancellor did not make explicit findings on Donna’s marital fault is simply incorrect.


    Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court