Wednesday, March 26, 2014
Divorce Attorneys Prince William Virginia Desertion Spousal Support
If you are dealing with a divorce in Virginia or
about to go through a divorce in Virginia, contact us for help.
We have client meeting locations in Fairfax
Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.
Contact our law firm today to speak with a
lawyer today about your Divorce Case. An
attorney from our firm will do his best to help you.
We will do our absolute best to help you get the
best result possible based on the facts of your case. Our law firm has the necessary experience to
assist you with this matter.
Sam v. Sam
Facts:
The husband argued on appeal that Prince William court
committed error when it failed to grant the husband a divorce on the grounds of
desertion and when it awarded spousal support to the wife. The court found that
the evidence clearly established that the wife moved from the family home at a
time when husband was at work, taking her clothing and belongings with her,
with the intent on her part to break off matrimonial cohabitation with husband,
and with intent to desert him. The duty of going forward with the evidence to
excuse or justify her actions then rested upon the wife. The court held as a
matter of law that the husband was entitled to a divorce on the ground of
desertion and was not guilty of cruelty tantamount to desertion. Because the
wife broke off matrimonial cohabitation with an intent to desert and without
legal justification, her cross-bill on the ground of constructive desertion was
properly rejected. The court further held that because the husband established
the grounds for divorce based upon desertion, the trial court erred in awarding
spousal support to the wife.
If you are facing a Divorce case in Virginia, contact a
SRIS Law Group lawyer for help. You can
reach us at 888-437-7747
Holdings:
The
Virginia Court made the following holding:
- A divorce from the bond
of matrimony may be decreed where either party has willfully deserted or
abandoned the other, and such divorce may be decreed to the innocent party
after a period of one year from the date of such act. Desertion is a
breach of matrimonial duty, and is composed first, of the actual breaking
off of the matrimonial cohabitation, and secondly, an intent to desert in
the mind of the offender. Both must combine to make the desertion
complete. In the absence of justification apparent from plaintiff's own
evidence, proof by plaintiff of an actual breaking off of matrimonial cohabitation,
combined with the intent to desert in the mind of the offender, entitles a
deserted party to a divorce. When such desertion is established, the duty
of going forward with evidence of justification and excuse then rests on
the defendant, unless such justification appears from testimony adduced by
the plaintiff.
If
you are dealing with a divorce in Virginia or about to go through a divorce in
Virginia, contact us for help.
We have client meeting
locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg.
Contact our law firm today to
speak with a lawyer today about your Divorce Case. An attorney from our firm will do his best to
help you.
We will do our absolute best
to help you get the best result possible based on the facts of your case. Our
law firm has the necessary experience to assist you with this matter.
Disclaimer:
