Bond v. Bond
Docket Number: | 2010-CA-00637-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 08-16-2011 Opinion Author: Maxwell, J. Holding: Affirmed |
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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 |
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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 |
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Appellee: | Donna Shanell Bond | ROBERTA LYNN HAUGHTON |
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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. |
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