X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Appellant Gary Popham appeals the denial of his motion for new trial in this divorce case. Having reviewed the record, we conclude there is no merit to appellant’s claims that the trial court erred in making various evidentiary rulings. There being no merit to appellant’s other contentions, we affirm. Appellee Eleanor Popham filed a complaint for divorce against appellant, alleging cruel treatment and that the marriage was irretrievably broken. The case was tried before a jury, and the jury’s verdict was incorporated into the final judgment and decree. Appellee wife was awarded alimony until May 2008 in the amount of $1500 per month; several parcels of real estate; an investment account; an IRA; and other items of personalty. Appellant husband was awarded several parcels of real estate; a cabin; all interest in a business; two insurance policies; certain investment accounts; and other items of personalty. Appellant sought a judgment notwithstanding the verdict, or —alternatively —a new trial. After both requests were denied, appellant filed a timely application to appeal, which was granted pursuant to the Family Law Pilot Project.1

1. The trial court did not err in admitting limited evidence concerning appellant’s use of the prescription medicine Viagra, commonly used to treat erectile dysfunction. Among other allegations, appellee claimed that appellant used Viagra in connection with several extramarital sexual relationships occurring both before and after the couple separated. In domestic relations cases, a party may seek to prove sexual misconduct through the introduction of circumstantial evidence.2 Evidence is relevant if it logically tends to prove or disprove a material fact at issue in a case, and every act that tends to throw light upon a material fact or issue is relevant.3 Because the evidence concerning appellant’s use of Viagra was relevant to appellee’s claims of marital infidelity, it follows that the trial court did not err in allowing appellee to question appellant about why he sought Viagra from his physician and what condition he needed assistance with.4

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
May 23, 2024
London

Celebrate outstanding achievement in law firms, chambers, in-house legal departments and alternative business structures.


Learn More
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›

Company Description CourtLaw Injury Lawyers is an established Personal Injury Law Firm with its primary office located in Perth Amboy, New J...


Apply Now ›

Black Owl Recruiting is looking for a number of qualified applicants to fill positions for a highly reputable client. Recent experience work...


Apply Now ›
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›