Tuesday, April 15, 2014
Divorce Attorneys Prince William Virginia Desertion Cruelty
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.
Keith v. Keith
Facts:
The wife sought a divorce on the ground of her husband's
cruelty in Prince William. The court ruled that, under all the circumstances,
in view of his wife's conduct, the husband was not guilty of such cruelty as
would justify desertion by her. The trial court found that there was no just
cause for the desertion and that the husband was entitled to a decree on this
ground. The court concurred in this conclusion. The court noted that the
question as to whether the wife could be held guilty of a wilful desertion such
as would entitle the husband to a divorce on the ground of desertion, in view
of a separation agreement between the parties, was a close one. The agreement
recited that the parties had mutually agreed to separate and live apart. The
court decided that the contract, while recognizing that the parties had agreed
to live apart, was entered into for the purpose of adjusting property rights
and so that the husband could avoid a jail sentence.
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:
- An unrevoked agreement
for separation under which the spouses are living apart precludes either
from obtaining a divorce for desertion. The rule, as stated, contemplates
that the agreement must be unrevoked, and that the spouses must be living
apart under the agreement, and there are certain modifications of the rule
stated, as, for instance, that where the cause of action had fully accrued
at the time of the agreement, the rule would not apply, and where the sole
purpose of the agreement is to adjust the property rights of the parties
the legal consequences flowing from the prior desertion are not affected.
It is also stated that when the agreement is obtained without the real
concurrence of the other party, it does not operate as a bar to divorce on
the ground of desertion. The general rule is admitted, and while the
courts do not commit themselves to the exceptions or distinctions stated,
they do think the circumstances of each case determine, and should
determine, the action of the court in passing upon a particular case.
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:
