Wednesday, October 29, 2014

Divorce Attorneys Prince William Virginia Cruelty Desertion

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.

Darwin v. Darwin

Facts:

The husband filed a petition for a divorce on the grounds of cruelty and desertion by the wife in Prince William, and he also sought custody of the parties' infant child. The wife denied the allegations of cruelty and desertion and prayed for a divorce on the ground of desertion. The wife also sought custody of the parties' children and support and maintenance for herself and the child. The husband then filed an amended petition seeking a no-fault divorce on the grounds that the parties had lived separate and apart for two years as required by Va. Code Ann. § 20-91(9). The trial court granted the husband a no-fault divorce and awarded custody of the parties' minor child to the wife. The husband was ordered to pay support and maintenance for the child only. The wife appealed, arguing that she was entitled to support and maintenance for herself. The court reversed the trial court's judgment and remanded the matter. The trial court failed to make a finding that the wife's fault or misconduct caused the parties' separation. The ruling by the trial court that the wife was not entitled to divorce was not a finding of fault or misconduct on her part.

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:

  • When a divorce is granted under Va. Code Ann. § 20-91(9), the husband is not relieved of his obligation to support his wife unless it is shown that the separation was caused by such fault or misconduct on her part as to constitute ground for a divorce under other provisions of Va. Code Ann. § 20-91, or under the provisions of Va. Code Ann. §§ 20-95, 20-91(9)(c).

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.

Our Phone #

Prince William Virginia

Prince William 703-278-0405
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