Brown v. Brown

665 S.E.2d 174 (2008)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

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.