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Sunday, July 29, 2007

 

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.

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