Condonation: Forfeiting Fault Grounds Through "Forgiveness"

In Mississippi there is a little known defense to divorce called "condonation", in which an innocent spouse, after learning of marital misconduct, forfeits the ability to be granted a divorce on the basis of that misconduct by "forgiving" the offending spouse.

Let's look at an example.

A wife finds out that her husband has been carrying on an affair. She confronts him, they have a big fight, and she kicks him out of the house. Three weeks later he comes over to talk, they make up, and he moves back home. Two months go by and the wife realizes she will never be able to truly forgive her husband and meets with a divorce attorney. She wants to file for divorce based on his adultery. That likely won't work.

By "resuming the marital relationship" (continuing her sexual relationship with her husband after finding out about the affair) she may have "condoned" or forgiven his prior bad behavior. The husband can raise condonation as an affirmative defense to her complaint for divorce on the ground of adultery.

This could eliminate the wife's leverage in negotiation and potentially prevent her from being granted a divorce all together.

If you have recently found out about a spouse's adultery, it is in your best interest to contact a divorce attorney to discuss the situation and to be informed about your rights.

Jonathan T. Day, Esq. is a Divorce & Family Law attorney serving the Jackson, MS metro area. He reminds you to be careful about which behaviors you're condoning.