Memorandum of Law

Nadiia Yaroslavtseva

BLAW 214

September 16, 2015

Legal Memorandum

Issue

Whether Wilma has a ground for divorce after her husband being caught “naked” and “kissing” his secretary. Later Harold agreed to confess he did it and his wife decided to forgive him. But she changed her mind later and filed for divorce.

Rule

Adultery is a valid ground for divorce, but it cannot be proven by only testimony given by one of the parties to the action. It must be corroborated even by circumstantial evidence, by clear and convincing evidence that the alleged adulterer was inclined to do so if he had the chance. However, even if it proven that the spouse committed adultery (sexual relations with someone other than the spouse), it cannot be used as grounds for divorce if there was condonation (forgiveness by the spouse).

Argument

In this case Wilma’s husband, Harold, was found “naked” and “kissing” his secretary by her husband’s brother-in-law. Despite the fact Wilma’s husband admitted his wrong doing and reminded her of her vows “for better or worse and until death do us part” she finally agreed to forgive him and continued to cohabitate with him. But after few weeks of nightmares and issues with trust, Wilma told Harold that “her heart is forever broken and she can’t stay” and then filed for divorce based on adultery.

Conclusion

Therefore, in reference to the rule of law which states that adultery is a valid ground for divorce, but it cannot be proven by only testimony given by one of the parties to the action,  Wilma has no ground for divorce. Even if it proven that her husband Harold committed adultery.