Background

• Merlene and Donald Anderson married on October 2, 1994; Donald is a pastor and church leader, and Merlene worked for the U.S. Army Reserve.
• Donald filed for divorce on January 31, 2006, alleging habitual cruel and inhuman treatment and, alternatively, irreconcilable differences.
• An emergency order on February 2, 2006 required the spouses to live apart in the marital residence.
• At trial, the chancellor found habitual cruel and inhuman treatment proven by Merlene's false accusations of infidelity, abuse toward the children, and oppressive conduct toward Donald, granting the divorce and custody of Joshua to Donald with child support to Donald; each party paid own fees.
• The guardian ad litem found no sufficient evidence of physical abuse toward the children, and the court relied on Merlene’s conduct toward Donald rather than the children.
• On appeal, the Mississippi Supreme Court held there was insufficient evidence of habitual cruel and inhuman treatment to support the divorce, reversing and rendering the chancery court’s judgment.

Issues

Key Cases Cited

• Robison v. Robison, 722 So. 2d 601 (Miss. 1998) (requires corroboration for habitual cruelty)
• Chapel v. Chapel, 700 So. 2d 593 (Miss. 1997) (corroboration required for claims of cruelty)
• Talbert v. Talbert, 759 So. 2d 1105 (Miss. 1999) (insufficient proof where conduct is boorish but not cruel)
• Kergosien v. Kergosien, 471 So.2d 1206 (Miss. 1985) (no proof that mismanagement rendered cohabitation impossible)
• Massingill v. Massingill, 594 So. 2d 1173 (Miss. 1992) (divorce is statutory; must strictly follow statute)
• Kumar v. Kumar, 976 So. 2d 957 (Miss. Ct. App. 2008) (court considers subjective impact of conduct on spouse)
• Richard v. Richard, 711 So. 2d 884 (Miss. 1998) (repeated false accusations can constitute cruelty; subjective impact matters)
• Faries v. Faries, 607 So.2d 1204 (Miss. 1992) (subjective impact crucial in evaluating cruelty)