Rhode Island Divorce: Guardian Ad Litems for Adults
Rhode Island Divorce Tip: Get a Divorce Lawyer!

Rhode Island Divorce: What is Condonation?

Brad and Sandy have been married for 12 years.  Brad feels a bit neglected by Sandy who has been
spending the vast majority of her time with the kids.  Brad tells Sandy that it's bothering him
and that he feels that they need more quality time.

Sandy continues to spend the vast majority of time that she has available with their children.  Brad
starts working out at Gold's Gym in his spare time and meets Katie, a slim blonde haired
aerobics instructor.  They strike up a friendship and as the months continue with Sandy spending
time with the children Brad strays and has a hot evening with Katie.

Sandy finds out about it and is heartbroken.  Brad talks to her and reminds her that this might
not have happened if she had been a bit more receptive to spending time with him.  Sandy starts thinking
about all the times Brad tried to spend time with her and realizes she's been preoccupied with the
children a bit.  She and Brad talk things out and rather than kick him out she allows him to remain
in the house, continues to share the same bed with him and has more regular intercourse with Brad.

Brad, however, likes the way it feels when he works out and he bought a 2 year membership to
Gold's Gym so he keeps going to that gym.  Of course, Katie is still at Gold's Gym because
she works there.  Sandy finds out that it was Katie from the gym that Brad slept with.  She
is furious and demands that Brad quit the gym.

Brad has told Katie there's nothing between them and Brad hasn't made any advances at all.

Still, Sandy is very upset and doesn't want Brad around Katie.  Brad won't quit the gym as she demands.  Sandy changes the locks on the house and files a Complaint for Divorce in the Providence Rhode Island Family Court alleging infidelity.

Here's the problem:  Sandy has participated in condonation.  By taking Brad back after the affair and particularly by having intercourse with him as husband and wife, she has condoned his actions and essentially nullified any basis they have for the actual breakdown of the marriage.

Thus, condonation is when one spouse, who is aware of the infidelity of another spouse, takes
that spouse back and has intercourse as if the marital relationship had never broken down.

Condonation is a defense to a complaint for divorce based on infidelity that occurred before the spouses
got back together.

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

Comments