McClelland v. McClelland
| Docket Number: | 2002-CA-01635-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-03-2004 Opinion Author: King, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Divorce: Adultery - Findings of fact - Division of marital assets Judge(s) Concurring: Southwick, P.J., Lee, Irving, Myers, Chandler and Griffis, JJ. Judge(s) Concurring Separately: Bridges, P.J., concurs with separate written opinion, joined by Irving, J. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 08-27-2002 Appealed from: Lamar County Chancery Court Judge: James H.C. Thomas, Jr. Disposition: DIVORCE GRANTED TO JOHN ANTHONY MCCLELLAND ON THE GROUND OF ADULTERY. Case Number: 2000-0481-TH |
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| Party Name: | Attorney Name: | |||
| Appellant: | Mary Alice McClelland |
RENEE M. PORTER |
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| Appellee: | John Anthony McClelland | CANDANCE L. RICKMAN WILLIAM E. ANDREWS |
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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. |
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| Topic: | Divorce: Adultery - Findings of fact - Division of marital assets |
| Summary of the Facts: | John McClelland was granted a divorce from Mary McClelland on the ground of adultery. Mary appeals. |
| Summary of Opinion Analysis: | Issue 1: Adultery Mary argues that the chancellor erred in granting John a divorce on the ground of adultery because he failed to make findings of fact or conclusions of law. Where there is an allegation of adultery, there is an affirmative requirement that the chancellor set forth specific findings of fact and conclusions of law in this regard. Where the chancellor failed to make specific findings of fact on this issue, the appellate court will look at the record de novo and determine whether substantial evidence exists to sustain a divorce granted on the ground of adultery. There is sufficient evidence in the record, beginning with Mary's admission of at least one act of extra-marital intercourse, to support the grant of a divorce on the ground of adultery. Issue 2: Division of marital assets Mary argues that the chancellor erred when he failed to make findings of fact or conclusions of law regarding the distribution of the marital assets. While failure to make findings of fact and conclusions of law is reversible error, the appellate court will reverse and remand only where the failure to make sufficient findings of fact and conclusions of law constitute manifest error. Although the chancellor in this case did not make specific mention of the Ferguson factors, the chancellor did make an equal distribution of the marital assets. |
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