49 So. 3d 669
Miss. Ct. App.2010Background
- Deborah and Philip Ladner married in 1982; their first child Kristen (1983) and second child Philip Jr. followed; Deborah had an affair in 2005.
- Deborah filed for divorce claiming habitual cruel and inhuman treatment; Philip counterclaimed for divorce on adultery.
- Chancery Court granted both divorces on fault grounds, divided the marital estate, emancipated the minor, awarded Deborah alimony, and ordered Philip to pay part of Deborah's attorney's fees.
- Philip appeals alleging dual fault, insufficient corroboration of cruelty, improper alimony, and erroneous attorney’s-fees award.
- Appellate court reversed Deborah’s fault divorce due to lack of corroboration, affirmed alimony, remanded for adequate fee findings, and remanded fee issue; dual fault grant deemed moot.
- Dissent would have affirmed Deborah’s fault divorce on corroborated evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May the court grant fault divorce to both spouses? | Ladner argues dual fault is improper under Mississippi law. | Ladner contends both fault grounds can be granted in a single proceeding. | Moot; reversed and rendered on Deborah's fault divorce. |
| Was Deborah's claim of habitual cruel and inhuman treatment sufficiently corroborated? | Ladner asserts lack of corroboration invalidates cruelty finding. | Ladner contends corroboration not required beyond testimony with supporting evidence. | Rejected; cruelty finding reversed due to insufficient corroboration;Deborah's fault divorce reversed and rendered. |
| Did the court properly award periodic alimony? | Alimony was improper if cruelty was not established. | Alimony justified by income disparity and other Armstrong factors even without fault. | Affirmed; alimony award stands. |
| Did the court err in awarding Deborah's attorney's fees to Deborah without explicit inability to pay? | Fees should be denied or remanded for explicit financial showing of inability. | Fees may be awarded based on need and ability to pay under relevant factors. | Remanded for explicit findings on Deborah's ability to pay; award reversed. |
Key Cases Cited
- Shavers v. Shavers, 982 So.2d 397 (Miss. 2008) (establishes habitual cruel and inhuman treatment ground and evidentiary standards)
- Gardner v. Gardner, 618 So.2d 108 (Miss. 1993) (necessity of corroboration for cruel-and-inhuman-treatment claim)
- Anderson v. Anderson, 190 Miss. 508, 200 So. 726 (Miss. 1941) (un corroborated testimony is insufficient for divorce on cruelty ground)
- Jundoosing v. Jundoosing, 826 So.2d 85 (Miss. 2002) (appellate review of chancellor's factual findings for abuse of discretion)
- Samples v. Davis, 904 So.2d 1061 (Miss. 2004) (standard of appellate review of chancellor's findings in domestic relations)
- Fisher v. Fisher, 771 So.2d 364 (Miss. 2000) (touchstone for attorney's fees—financial inability to pay)
- Keough v. Keough, 742 So.2d 781 (Miss. Ct. App. 1999) (consideration of alimony factors and disparities)