April and Andy were married on May 16, 1998. They had two children. Noah Andrew was born

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April and Andy were married on May 16, 1998. They had two children. Noah Andrew was born on July 19, 1999. Emma Katherine was born on July 30, 2000 . . .

In the spring of 2003, April and Andy separated for approximately a week. When Andy returned to the marital home, April confronted him about rumors of an affair. At first, Andy denied the affair, but later admitted the affair and begged forgiveness. On April 17, 2003, April filed her initial complaint for divorce on the grounds of adultery or, in the alternative, irreconcilable differences. April and Andy, even though the complaint for divorce was filed, continued to reside together and were not legally separated. Affidavits from April and Andy indicate that Andy admitted his affair, which occurred in 2002. They attempted to reconcile, but April's complaint for divorce was never dismissed. In the fall of 2003, April began to ask Andy to leave the marital residence, and the divorce proceedings were resumed. They continued to reside in the same household....

Questions:

1. What does the court mean when it says that "condonation places the offending spouse on a form of temporary probation"?
2. Why did the court reverse the chancellor's grant of partial summary judgment and remand the case? On remand, what must the chancellor take into account?

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Family Law For Paralegals

ISBN: 9780735563827

7th Edition

Authors: J. Shoshanna Ehrlich

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