In Mississippi, for a spouse to prove adultery, there must be clear and convincing evidence of both an adulterous inclination and a reasonable opportunity to satisfy that inclination.  Adultery can be proven by circumstantial evidence because the secretive nature of adultery normally prevents someone from obtaining direct evidence of what occurred behind closed doors.  The evidence of adultery must be logical and be inconsistent with a theory of innocence.  A classic example would be evidence that a husband claimed to be going on a business trip to another state but was seen kissing a woman (not his wife), entering a local motel room her and not leaving until the morning.  Of course, this does not provide any evidence of what occurred in the motel room but the evidence would clearly demonstrate facts inconsistent with a theory of innocence and would likely result in a finding of adultery. 

In a Mississippi divorce case, once a spouse proves adultery, the court will decide issues such as child custody and the division of assets.  So not only does the innocent spouse discover the cheating ways of the adulterous spouse, everyone takes a large financial hit with the asset division.  Sadly, however, the pain caused by adultery does not always end quickly.  Often, the destruction of trust caused by the cheating impacts people’s ability to act reasonably after a divorce is concluded.  This usually manifests itself in an unreasonable level of anger, an inability to communicate with the former spouse and frequent post-divorce contempt actions.  It can even result in a lawsuit being filed against the paramour for Alienation of Affections.  Adultery is possibly the most destructive of the divorce grounds in Mississippi. 

If you are the innocent spouse in an adultery situation, it is important to speak with a lawyer quickly to determine the best way to preserve evidence if you decide to pursue a divorce and so that you will understand what is necessary should you pursue a divorce.  Even resuming normal marital relations with your spouse after learning of an affair may drastically impact your ability to pursue a divorce on the ground of adultery. 

As for Tiger, his adulterous actions may cost him his family, fortune and possibly his career.  He will still remain a wealthy after a divorce, but the image he cultivated over the years that has contributed to his staggering earnings has likely been permanently tarnished.

We reaffirm the rule that the polestar consideration in child custody cases is the best interest and welfare of the child. The age of the child is subordinated to that rule and is but one factor to be considered. Age should carry no greater weight than other factors to be considered, such as: health, and sex of the child; a determination of the parent that has had the continuity of care prior to the separation; which has the best parenting skills and which has the willingness and capacity to provide primary child care; the employment of the parent and responsibilities of that employment; physical and mental health and age of the parents; emotional ties of parent and child; moral fitness of parents; the home, school and community record of the child; the preference of the child at the age sufficient to express a preference by law; stability of home environment and employment of each parent, and other factors relevant to the parent-child relationship.

Marital fault should not be used as a sanction in custody awards. Relative financial situations is not controlling since the duty to support is independent of the right to custody. Differences in religion, personal values and lifestyles should not be the sole basis for custody decisions.

If you are involved in a custody situation or are thinking about filing for divorce, a review of the Albright Factors could assist you in undertanding what information is important to the judge.  However, it is critical that you discuss your situation with an attorney immediately if you feel custody will be an issue.  Failing to get sound legal advice as soon as possible could cause you to unknowingly engage in behavior that will hurt your ability to obtain custody.