Jan Dykes v. Everett G. Dykes
191 So. 3d 1287
| Miss. Ct. App. | 2016Background
- Jan and Everett Dykes married in 1987 and separated January 1, 2006; multiple pleadings and a temporary separate-maintenance decree followed.
- Everett fell behind on separate-maintenance payments after job loss and reduced income; contempt proceedings and a contempt judgment followed.
- Everett later filed for divorce on the ground of adultery; evidence at trial showed both spouses had extramarital affairs.
- Chancellor granted Everett a divorce on grounds of uncondoned adultery, ordered him to pay $7,042 (arrearage) with $800/month rehabilitative alimony for two years applied to that arrearage, and ordered transfer of the marital home to Jan with encumbering debt assigned to Everett.
- Chancellor did not make full on-the-record classification of certain assets and debts (retirement account; Priority-One credit line) but issued a later written opinion addressing Ferguson and Armstrong factors.
- Court of Appeals affirmed in part, reversed and remanded in part to classify the retirement account and Priority-One debt and to complete Ferguson/Armstrong analysis for equitable division and any nonmarital-based alimony.
Issues
| Issue | Jan's Argument | Everett's Argument | Held |
|---|---|---|---|
| Whether Everett's unclean hands (arrearage) barred him from relief | Everett's arrearage under the separate-maintenance order made his hands unclean and barred relief | Everett argued arrearage could be remedied and did not permanently bar equitable relief | Court: arrearage cleansed by judgment against Everett for $7,042; clean-hands defense fails. |
| Whether chancellor failed to make findings to support adultery-based divorce | Jan argued required findings of fact were not made on record | Everett relied on admissions/evidence of Jan's affairs to support adultery finding | Court: bench and written findings stated Jan admitted adultery; clear finding present — issue denied. |
| Whether recrimination required denial of divorce | Jan argued equal guilt barred Everett's divorce (recrimination) | Everett argued chancellor had discretion and proved Jan's adultery despite his own affair | Court: recrimination discretionary under statute; because only Everett sought divorce, chancellor permissibly granted it. |
| Whether property/division errors require remand (classification and Ferguson/Armstrong analysis) | Jan argued chancellor failed to classify assets/debts and improperly treated home as lump-sum alimony | Everett argued many assets/debts were nonmarital (post–separate-maintenance) and division was otherwise fair | Court: remanded to classify Everett’s retirement account and Priority-One debt, then apply Ferguson factors and Armstrong analysis for any alimony adjustments. |
Key Cases Cited
- Ferguson v. Ferguson, 639 So. 2d 921 (Miss. 1994) (framework for equitable division of marital property)
- Armstrong v. Armstrong, 618 So. 2d 1278 (Miss. 1993) (when property division leaves a deficit, consider alimony based on nonmarital assets)
- Boutwell v. Boutwell, 829 So. 2d 1216 (Miss. 2002) (chancellor must determine which spouse’s conduct caused marital breakdown when both seek divorce)
- Holden v. Frasher-Holden, 680 So. 2d 795 (Miss. 1996) (adultery must be supported by findings of fact; admissions can suffice)
- Lauro v. Lauro, 847 So. 2d 843 (Miss. 2003) (stepwise approach: classify assets, apply Ferguson, then consider Armstrong alimony if deficit persists)