BROWN V. BROWN 665 S.E.2d 174 (2008) CASE BRIEF

BROWN V. BROWN

665 S.E.2d 174 (2008)

NATURE OF THE CASE: Thomas (H) appealed a decision that found that Gina (W) did not commit adultery.

FACTS: H and W were married and had five children. Craft and his wife began socializing with the Browns. Around Christmas of 1996, H took the children to church while W remained at home with their baby. H returned home and unexpectedly discovered Craft there. In explaining Craft's presence, W told H Craft had stopped by to look at their Christmas lights. W and Craft became close and began having lunch without either of their spouse's knowledge. Craft and W met in a remote part of a restaurant's parking lot and fondled each other in W's car. In 1998, H discovered Craft and W were having lunch together. After confronting W, she temporarily ceased contact with Craft but admitted to subsequently resuming their relationship. Additionally, Craft and W frequently talked on the phone. In late 2000, Husband discovered W had a cell phone for which she had the bill sent to her mother's address, and H testified W had called Craft several dozen times from W's cell phone. W alleged she never had sexual intercourse but admitted to fondling and touching. W admitted she was in love with Craft and wanted to get married. H filed for divorce on the grounds of adultery. The court ruled for W and granted a divorce. The family court found W had not committed adultery, but her behavior with Craft did not aid in the preservation of the marriage. H appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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