Sunday, April 20, 2014
Divorce Attorneys Prince William Virginia Alimony Settlement Agreement
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:
A husband was obligated to pay alimony to his wife under
a settlement agreement that was incorporated in a decree of divorce a mensa et
thoro in Prince William. He subsequently filed a bill of complaint that sought
a divorce a vinculo matrimonii because of the wife's adultery and to set aside
the prior decree's alimony provisions on the grounds of fraud, coercion, and
duress. The trial court sustained the wife's demurrer to the bill and dismissed
the suit. On appeal, the court reversed and remanded. Because the decree a
mensa et thoro granted a legal separation but did not sever the marital bond,
it was not a final adjudication of support rights and the trial court had
jurisdiction to modify the decree's alimony provisions to meet changed
conditions, including the power to revoke the provisions if subsequent to the
decree the wife forfeited her right to support through misconduct. The first
decree, which was entered on the ground of the husband's desertion, barred a
later divorce suit on the ground of adultery. The husband was estopped from
avoiding the agreement's property settlement provisions because he had not
acted promptly and could not escape the agreement's burdens but keep its
benefits.
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 marital status is
not affected by a decree of legal separation, that is, a divorce a mensa
et thoro; and where the wife has been forced by her husband's misconduct
to seek a decree of separation, there still continues the duty, arising
out of the marital status, to provide his wife with a reasonably
sufficient support considering his circumstances and her needs at any
given time, provided her right to support has not been forfeited by her
misconduct, which forfeiture may be for misconduct prior to the decree for
separation or subsequent to the entry of such decree.
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: