Darryl Randall Stasher Sr. v. Shirley A. Stasher

Summary

The Mississippi Court of Appeals affirmed a chancery court judgment granting Shirley A. Stasher a divorce from Darryl Randall Stasher Sr. on the ground of habitual cruel and inhuman treatment. The court held that substantial evidence supported the findings regarding abuse and adultery, although the adultery issue was moot because the divorce was affirmed on another fault ground. The court also upheld the equitable distribution of marital property and the denial of alimony.

Holdings

1. The chancellor did not err in granting Shirley a divorce on the ground of habitual cruel and inhuman treatment because substantial evidence supported the finding that Darryl's conduct endangered or created a reasonable apprehension for Shirley's safety and rendered the marriage unsafe.
2. The adultery issue was moot because the divorce was granted on the independent ground of habitual cruel and inhuman treatment, and no useful purpose would be served by deciding whether the adultery finding was adequately supported.
3. The chancellor did not abuse her discretion in awarding Shirley 60% and Darryl 40% of the marital estate and in dividing the marital portion of the military retirement accounts equally. The distribution was supported by substantial credible evidence and consideration of the Ferguson factors.

Questions Presented

1. Whether the chancellor erred by granting Shirley a divorce on the ground of habitual cruel and inhuman treatment.
2. Whether the chancellor erred by finding that Darryl engaged in uncondoned adultery.
3. Whether the chancellor's equitable distribution of the marital property was erroneous or an abuse of discretion.

Disposition

affirmed