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Ayers v. Ayers

January 26, 1999

CYNTHIA LOUISE (MITCHELL) AYERS APPELLANT
v.
JIMMY GEORGE AYERS APPELLEE



Before Bridges, C.j., Payne, And Southwick, JJ.

The opinion of the court was delivered by: Payne, J.

DATE OF JUDGMENT: 08/27/1997

TRIAL JUDGE: HON. DENNIS M. BAKER

COURT FROM WHICH APPEALED: GRENADA COUNTY CHANCERY COURT

NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS

TRIAL COURT DISPOSITION: DENIED DIVORCE AND SEPARATE MAINTENANCE

AFFIRMED IN PART AND REVERSED AND RENDERED IN PART

PROCEDURAL HISTORY

¶1. Cynthia Louise Ayers and Jimmy George Ayers were married on December 16, 1993, in Carroll County, Mississippi. The couple separated on January 31, 1997. Two children were born from this union.

¶2. Cynthia filed a bill of complaint for divorce on March 24, 1997, on grounds of habitual cruel and inhuman treatment. She also asked for paramount care and custody of the children. Jimmy filed his answer stating that Cynthia was not entitled to a divorce and filed a crosscomplaint for separate maintenance.

¶3. The chancery court denied the divorce sought by Cynthia and denied the separate maintenance sought by Jimmy. The chancery court gave both parties joint legal custody of the children, with primary custody awarded to Jimmy. No child support was granted to either party and the chancery court ordered that the children were to attend school in Grenada County, Mississippi. Cynthia was also prohibited from removing the children from the State of Mississippi unless she posted a $1,000 ne exeat bond approved by the sheriff.

¶4. Having read the trial transcripts and reviewed the law, we affirm the chancellor in part and reverse and render in part.

FACTS

¶5. Cynthia and Jimmy Ayers were married in December 1993. From this union two children were born, James Tyler Ayers and Katherine Brooke Ayers.

¶6. Friction grew between Cynthia and Jimmy. Cynthia testified to several problems that she had with her husband. She complained that Jimmy ignored her at times and gave her the "silent treatment." However, Cynthia did intimate on one occasion that Jimmy's actions may have been caused by his long work hours.

A. And it would be a week or so, we would go without talking. And if he did talk to me, he would be angry about something, because he was tired. ...


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