Jenkins v. Jenkins

55 So.3d 1094 (2010)

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Nature of the Case

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Facts

H and W were married for approximately twelve years before separating in June 2006. They had two children from their marriage. W testified that H exhibited a pattern of cruel behavior. H locked W and the children out of the house. He also disconnected the spark plugs in her car, forcing W to contact a friend to pick up her and the children. Another incident occurred in June 2006, soon after the two had separated, when W and the children visited H at the marital home. After hugging his children and telling them goodbye, H walked to the front porch, placed a noose around his neck, and tried to hang himself to death. His unsuccessful suicide attempt took place in front of the children. In another post-separation incident, H became so enraged that he opened the door and threatened to jump from a moving vehicle. Rose managed to pull the car to the side of the road without H injuring himself. H told her the only way they would separate would be by death. W the fault-based grounds of adultery and habitual cruel and inhuman treatment. H counterclaimed alleging these same grounds. W admitted committing adultery since November 2007. The chancellor granted Rose a divorce based on Edmond's habitual cruel and inhuman treatment. The chancellor concluded H's habitual cruelty was the proximate cause of the separation. Although the chancellor found W had committed adultery, he determined her adultery did not cause the separation. H appealed.