Monday, August 25, 2014
Divorce Attorneys Prince William Virginia Felonious Assault 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.
Elvis v. Elvis
Facts:
Toward the end of their marriage, appellee ex-wife left
appellant ex-husband in Prince William. A few weeks later, appellant shot
appellee in the back, causing paralysis, incontinence, and a heart condition.
Appellee filed a bill of complaint alleging that the parties had separated and
that appellant was guilty of constructive desertion on the date of their
separation and guilty of cruelty by virtue of his felonious assault upon her.
The trial court granted appellee a no-fault divorce, refusing to grant
appellant's cross-bill request for a divorce on the ground of desertion, and
awarding appellee spousal support and attorney fees. On appeal, the court
affirmed, holding that while appellant's willful desertion ground was proven,
the defense of cruelty, in recrimination, barred the granting of a divorce to
him and that appellee's action on the ground of cruelty was proven; but that
the defense of desertion, in recrimination, barred granting her a divorce, so
the trial court properly refused to grant a divorce based on fault. The court
also found that the right to spousal support was not affected by the no-fault
decision and that the award of attorney fees was within the trial court's
discretion.
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:
- The right to spousal
support is not affected by an award of a no-fault divorce; a party's duty
of support is affected only upon a finding of fault on the part of the
other party. A ground of divorce from bed and board will not bar any
ground otherwise justifying a divorce from the bonds of matrimony. Va.
Code Ann. § 20-117. Any ground merely justifying a divorce from bed and
board does not constitute a defense by way of recrimination to a suit
based upon a ground made by statute sufficient to justify an absolute
divorce.
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:
These summaries are provided by the
SRIS Law Group. They represent the
firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for
their authoritative content.
