SOUTH CAROLINA: Hey, Jenny Sanford, WHAT IS THE LEGAL DEFINITION OF CONDONATION?

ADULTERY: Hey, Jenny Sanford, WHAT IS THE LEGAL DEFINITION OF CONDONATION?:

“It was one thing to forgive adultery but another thing to condone it.” Jenny Sanford, ex first lady of South Carolina.

The Associated Press is reporting that former First Lady of South Carolina, Jenny Sanford, will be coming out with her memoirs next month. The juicy tell all is called Staying True and will be published by Ballantine Books.
As you may recall, Jenny sprung to fame last summer when it was discovered that her loving husband had taken a five day holiday in Argentina to be with his lover, Maria, whom he later called his soul mate, while misleading Jenny and the rest of the country to believe that he was on a five-day hike in the Appalachian Mountains. When he got back to town, Jenny and her husband continued to shack up for a little while. Then, for some unknown reason, Jenny got up one day, decided she’d had enough, and moved with their four boys to their summer home on Sullivan Island. She never went back after that and, in fact, filed for divorce in December.
What is condonation? What does it mean? According to Black’s Law Dictionary (no, it’s not a dictionary for Black people) condonation means:

The conditional remission or forgiveness, by means of continuance or resumption of marital cohabitation, by one of the married parties, of a known matrimonial offense committed by the other, that would constitute a cause of divorce; the condition being that the offense shall not be repeated. Condonation to constitute valid defense in divorce action must be free, voluntary, and not induced  by duress or fraud. Condonation means pardon of offense, voluntary overlooking implied forgiveness by treating offenders as if offense had not been committed. Wilson v. Wilson, 14 Ohio App. 2d 148, 237 N.E. 2d 421, 425. This defense has been abolished in those jurisdictions which recognize “no fault” divorce.

In New York, condonation has a more specific meaning. It usually goes to adultery as that “marital offense” referenced by Black’s Law Dictionary. In New York, this is the definition of condonation:

Condonation is the conditional forgiveness by one of the married parties, either expressly or through the resumption of marital cohabitation, of a known act of adultery. Sexual intercourse is an essential ingredient of “cohabitation” and where two people live in the same house a presumption arises that the parties engage in intercourse. The “condition” upon which the forgiveness is based is the future good conduct of the offending spouse, and the repetition of the adultery will revive the cause of action.  Figurka v. Figurka 16 AD 2d 938, 229 NYS 2d (2d Dept 1962); People ex rel. Roosevelt v. Roosevelt, 13 A.D. 2d 334, 216 NYS 2d 604 (1st Dept 1961) aff’d as People ex rel. Anonymous No. 1 v Anonymous, 11 N.Y 2d 873, 227 NYS2d 686,NE 2d 291 (1962). Ryan v. Ryan 132 Misc 339, 229 NYS 511 (Sup. Ct., Kings County, 1928.

So, based on that definition, Jenny arguably “condoned” the adultery initially because when the husband came back from his badlands adventure, she took him back with open arms and she tried to make it work, and they more than likely engaged in sexual intercourse at least once but even if they did not engage in sexual intercourse, just the fact that she cohabited with him was condonation in and of itself. And so, in theory, if her husband wanted to challenge that divorce, he could have (well, assuming that South Carolina defines condonation the way New York does…am too lazy to research that right now….but you get the idea, right?)
Well, in any event, good luck to Jenny with her memoirs that is due to hit stores next month. Hopefully it will be a best seller……is Mark still seing Maria, btw? What if he marries her as soon as the divorce from Jenny is final? That may be the end of his political ambitions I have to say. He can kiss any bid for the White House goodbye after that.
 
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