Lister v. Lister
Court of Appeals of Mississippi
981 So. 2d 340 (2008)
Judy Lister (plaintiff) suspected her husband Orville (defendant) of having an affair with Sheila Walters, a receptionist he'd hired at the small business where Judy worked as secretary, office manager, and bookkeeper, based on the time the two spent together, unexplained simultaneous absences, and a loan Orville made to Walters. After Judy fired Walters, Orville fired Judy and rehired Walters, giving her Judy's office, cell phone, and use of company vehicles; Judy moved out and filed for divorce on adultery grounds. Walters moved into a mobile home next to Orville, who gave her money for her own divorce, and the two took long trips together; Walters's husband testified he saw her staying at Orville's house for five consecutive days after she moved out of their home. At trial, it emerged that Orville hadn't fully disclosed his assets, and both he and Walters denied any adultery, but the trial court granted Judy's divorce on adultery grounds, and Orville appealed.
Whether circumstantial evidence of a spouse's infatuation with another person, financial support given to that person, and significant time spent together at home and on trips is sufficient to support a judicial finding of adultery.