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Anderson v. Anderson | 54 So. 3d 850 (2010)
You don’t need your spouse to agree to a divorce if you can establish a ground for a fault-based divorce. Although cruelty is one of the most common grounds, it’s also one of the most difficult to prove, as the husband in Anderson versus Anderson discovered.
Donald Anderson, a Baptist church pastor, married Merlene Anderson in October of 1994. Then, after more than eleven years of marriage, Donald filed for divorce. Donald alleged habitual cruel and inhuman treatment and, alternatively, irreconcilable differences as grounds for the divorce.
Donald claimed that Merlene was physically and mentally abusive to him and his two sons from a previous marriage. He also claimed that Merlene threatened him by reminding him multiple times about a minister’s wife in Selmer, Tennessee, who’d killed her husband. Merlene also tried to ruin his reputation at church, he said, and falsely accused him of having affairs.
At trial, Donald’s children, twenty-one-year-old Samuel and sixteen-year-old Joshua, confirmed Donald’s claims that Merlene was physically and mentally abusive to both of them. The Mississippi Chancery Court appointed a guardian to investigate, but the guardian concluded that there wasn’t enough evidence to substantiate the child-abuse claims.
Merlene presented circumstantial evidence that Donald was having affairs, including hotel rooms mysteriously booked for two and emails to women on dating sites.
The chancery court found that Merlene’s evidence was unpersuasive and that her accusations of infidelity were unfounded. This, along with the rest of Merlene’s behavior, led the chancery court to find in Donald’s favor and grant divorce based on cruel and inhuman treatment. Merlene appealed to the Mississippi Court of Appeals.
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