Showing posts with label Need help of a Virginia lawyer for a divorce in VA? Call 888-437-7747. Show all posts
Showing posts with label Need help of a Virginia lawyer for a divorce in VA? Call 888-437-7747. Show all posts
Sunday, April 27, 2014
Divorce Attorneys Prince William Virginia Cruelty Desertion
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.
Stone v. Stone
Facts:
Plaintiff wife filed a bill of complaint requesting a
divorce on the basis of defendant husband's cruelty, desertion, and
abandonment. In a cross-bill, the husband asked that he be granted a divorce on
the ground of wife's willful desertion or abandonment. The Circuit Court of Prince
William (Virginia) granted the wife's complaint for divorce, distributed
property, and denied spousal support for the husband. The husband appealed.
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 main purpose of
requiring timely specific objections is to afford the trial court an
opportunity to rule intelligently on the issues presented, thus avoiding
unnecessary appeals and reversals. When such specific objections have not
been made, the appellate court will not consider an argument on appeal
which was not presented to the trial court.
- If a party fails to
obtain a ruling, there is no ruling for an appellate court to review.
Therefore, Va. Sup. Ct. R. 5A:18 bars consideration of a question on
appeal that was not ruled upon.
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:
Friday, April 25, 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.
Love v. Love
Facts:
Appellant ex-husband challenged a judgment of the Circuit
Court of Prince William (Virginia), which granted appellee ex-wife a final
divorce on the ground that the parties lived separate and apart for one year,
refused to grant appellant a divorce on the ground of desertion, and awarded
appellee spousal support and attorney fees.
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:
- In Virginia , a single
act of physical cruelty will constitute grounds for divorce if it is so
severe and atrocious as to endanger life, if it indicates an intention to
do serious bodily harm, if it causes reasonable apprehension of serious
danger in the future, or if the precedent or attendant circumstances show
that the acts are likely to be repeated.
- Misconduct in the form
of cruelty occurring while divorcing parties are living separate and apart
may constitute grounds of 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:
Thursday, April 24, 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.
Anderson v. Anderson
Facts:
Appellant husband sought review of the judgment by the
Circuit Court of Prince William (Virginia), which rejected the commissioner's
finding that appellee wife was guilty of desertion and was not entitled to
spousal support, granted appellee spousal support and attorney's fees, and
granted appellee a no-fault divorce.
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 general rule is that
one spouse is not justified in leaving the other, unless the conduct of
the other is sufficient to establish the foundation of judicial proceeding
for a divorce. Although this rule has been relaxed, one spouse is not
legally justified in leaving the other merely because there has been a
gradual breakdown in the marital relationship.
- The absenting of one
spouse from the other after the institution and during the pendency of a
suit for divorce is not desertion in law; however the rule should never be
applied when it appears that the suit for divorce turns out to be
frivolous, a mere sham.
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:
Wednesday, April 23, 2014
Divorce Attorneys Prince William Virginia Lived Separate
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.
Freeman v. Freeman
Facts:
Plaintiff wife filed for divorce from defendant husband
in Prince William. As grounds for the divorce, the wife stated that the parties
had lived separate and apart from each other without any cohabitation and
without interruption, although remaining within the same house. During such
time, it was the intention of at least one of the parties that the separation
be permanent; and, there was no possibility of a reconciliation between the parties.
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 based on one
year separation does not require any evidence regarding the nature of the
marital relationship. The legislature enacted Va. Code Ann. § 20-91(9) to
permit the granting of a divorce to either spouse regardless of fault and
without any inquiry into the quality of the relationship, when the parties
have lived separate and apart for the required period. Living separate and
apart requires more than mere physical separation. The act of physically
separating must be coupled with the intent to end the marriage at the time
of the separation. But physical separation is required before the court
can even look at the intent of the parties at the time of the separation.
- A divorce based on
living separate and apart for one year requires that the parties
physically separate their lives. Without that physical act, the court
cannot look to the intent of the parties to end the marriage. Fault-based
grounds for divorce exist if the parties desire for the court to examine
the nature of the marital relationship. But one of the purposes behind
enacting a ground for divorce based on separation for the prescribed
length of time is to avoid such an intrusion and rely on the act of
physically separating as proof of the demise of the marriage. To avoid the
risk of collusion between the parties, the separation must be clearly established
and corroborated by both witness testimony and the circumstances
surrounding the separation.
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:
Tuesday, April 22, 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.
Sam v. Sam
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:
- A decree judicially
establishing the husband's desertion and granting to the wife a divorce a
mensa et thoro on the grounds of desertion is a bar to a suit for divorce
a vinculo brought by the husband for adultery committed after the entry of
the decree a mensa et thoro. 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:
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:
Thursday, April 17, 2014
Divorce Attorneys Prince William Virginia Custody Visitation
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.
Franco v. Franco
Facts:
Appellant wife challenged a judgment of the Circuit Court
of Prince William (Virginia), which denied the wife's prayer for a divorce from
appellee husband, granted the husband a divorce a mensa, and awarded custody of
the parties' son to the husband with visitation awarded 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:
- One spouse is not guilty
of legal desertion in separating from the other after the institution of a
suit for divorce or during its pendency. Va. Code Ann. § 20-95 authorizes a decree of divorce
from bed and board for cruelty, reasonable apprehension of bodily hurt,
willful desertion or abandonment. In reality, there are only two grounds
for a divorce from bed and board, desertion and cruelty, because cruelty
and reasonable apprehension of bodily hurt are so closely related in the matter
of proof and effect.
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:
Wednesday, April 16, 2014
Divorce Attorneys Prince William Virginia Cruelty Desertion
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.
Materdo v. Materdo
Facts:
Plaintiff wife appealed from a decree entered by the
Circuit Court of Prince William (Virginia) in favor of defendant husband in a
suit for divorce, and for counsel fees and alimony, brought by the wife on the
grounds of cruelty and desertion. The decree appealed from denied the divorce,
but awarded the wife support and counsel fees.
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:
- 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. The
intent to desert is usually the principal thing to be considered.
Obviously a mere separation by mutual consent is not desertion in either.
Nor, as a matter of proof, can desertion be inferred against either from
the mere unaided fact that they do not live together, though protracted
absence, with other circumstances, may establish the original intent. The
courts have not laid down any particular rules of evidence for determining
whether a separation does or does not, as matter of proof, amount to
desertion; and the question does not admit of such rules, but each case
must rest on its own circumstances.
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:
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:
Monday, April 14, 2014
Divorce Attorneys Prince William Virginia Child Custody 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.
Xavier v. Xavier
Facts:
Appellant husband challenged a decision of the Circuit
Court of Prince William (Virginia), which granted appellee wife a divorce. The
decision also awarded the wife sole custody of their children, awarded her both
spousal and child support, equitably distributed the marital property, and
awarded the wife attorney's fees.
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:
- In the context of a
dissolution of marriage action, cruelty consists of anything that tends to
bodily harm and thus renders cohabitation unsafe or involves danger of
life, limb or health.
- In cases where a court
has a choice between a cause of action for a "no fault" divorce
and a cause seeking to fix fault, nothing in Virginia law states that the
cause without fault to either party should be chosen. Virginia law does
not require courts to give precedence to no-fault grounds over fault
grounds. Instead, when a trial court faces dual or multiple grounds for
divorce, it can exercise its own discretion in selecting the ground upon
which to grant the divorce.
- For equitable
distribution purposes a trial court may consider facts demonstrating
marital fault outside the parameters of the fault ground for an a vinculo
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:
Sunday, April 13, 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.
Patrick v. Patrick
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:
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.
Saturday, April 12, 2014
Divorce Attorneys Prince William Virginia Constructive 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.
Justus v. Justus
Facts:
A wife filed a complaint in Prince William against the
husband, seeking a divorce on the grounds of constructive desertion and
cruelty. She also sought spousal support and attorney's fees. The husband
requested a divorce on the grounds of adultery. The parties represented that
they had resolved the issue of equitable distribution of the marital estate.
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:
- Desertion as a ground of
divorce does not depend on who actually leaves the family home. It means
desertion of the marital relationship. Desertion may be
"constructive," for cruelty by one party, which results in the
other party's enforced separation, is tantamount to desertion by the party
performing the cruel acts.
- Cruelty consists of
anything that tends to bodily harm and thus renders cohabitation unsafe or
involves danger of life, limb or health. The words "bodily hurt"
include any course of conduct which leads to serious nervous or mental
disease. Constructive desertion occurs where the conduct of the other
spouse has caused conditions in the marital home to be intolerable to the
point that the affected spouse has to leave. Mere inability to live
together in peace and harmony does not constitute a fault-based ground for
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:
Friday, April 11, 2014
Divorce Attorneys Prince William Virginia 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.
Jardon v. Jardon
Facts:
Appellant wife and cross-appellant husband both
challenged an order of the Circuit Court of Prince William County (Virginia)
modifying cross-appellant's child support obligation, which obligation was
originally established by a settlement agreement incorporated into the parties'
divorce decree.
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:
- Applying Va. Code Ann. §
20-109.1, incorporation of a child support agreement into a decree renders
the terms of the agreement so incorporated enforceable as a decree of the
court. Pursuant to Va. Code Ann. § 20-108, however, the divorce court
retains continuing jurisdiction after a final decree of divorce has been
entered, to modify its decree with respect to the maintenance of minor
children. This power to modify child support is not affected by the prior
act of affirming, ratifying, and incorporating into the divorce decree the
child support agreement between the husband and wife...
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.
Thursday, April 10, 2014
Divorce Attorneys Prince William Virginia Adultery Equitable Distribution 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.
Hooper v. Hooper
Facts:
A husband and wife filed exceptions to a commissioner's
report, which recommended that the wife be granted a divorce on the ground of
adultery, made an equitable distribution of the parties' property in Prince
William, and awarded the wife spousal support.
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:
- One of the keys to a
decision as to whether adultery has been proven lies in what objective
reasons, if any, can be articulated to explain why the two people in
question ended up together. Thus, in determining whether clear and
convincing evidence supports a finding of adultery, the courts
consistently review the record to determine not only whether the evidence
merely establishes suspicious conduct, but also whether a credible
explanation existed for the circumstances.
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:
Wednesday, April 9, 2014
Divorce Attorneys Prince William Virginia Cruelty Custody Alimony
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.
Andrews v. Andrews
Facts:
Plaintiff husband brought suit against defendant wife for
a divorce on the ground of desertion and sought the permanent and absolute
custody of the parties' infant child. In a cross-bill, the wife charged the
husband with cruelty, and sought custody and alimony. The wife challenged the
decree of the Circuit Court of Prince William (Virginia) that dismissed her
cross-bill and granted a divorce and primary custody to the husband.
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 welfare of the
infant is the primary, paramount, and controlling consideration of the
court in all controversies between parents over the custody of their minor
children. All other matters are subordinate. The rule is to be
administered with as much consideration for the tender ties of affection
of the parents as possible under the circumstances, and especially when
each parent is shown to be a fit and proper custodian of the child.
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:
Monday, April 7, 2014
Divorce Attorneys Prince William Virginia Adultery 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.
Holder v. Holder
Facts:
Appellant wife sought review of a judgment from the
Circuit Court of Prince William (Virginia), which affirmed the findings of the
commissioner and granted appellee husband a divorce on the grounds of adultery
and denied the wife spousal support. The wife also sought review of the trial
court's determinations of the value of the marital estate and the distribution
of the marital assets.
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:
- To prove adultery, the
evidence of another spouse's extramarital sexual intercourse must be
"clear and convincing." While a court's judgment cannot be based
upon speculation, conjecture, surmise, or suspicion, adultery does not
have to be proven beyond all doubt. Rather, the evidence must produce in
the mind of the trier of facts a firm belief or conviction as to the
allegations of adultery sought to be established. The trial court must
value the parties' marital property before making an equitable
distribution. Va. Code Ann. § 20-107.3. The parties bear the burden of
providing the trial court with sufficient evidence from which it can value
their property.
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:
Sunday, April 6, 2014
Divorce Attorneys Prince William Virginia Spousal Support Custody
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.
Bennett v. Bennett
Facts:
Appellant wife sought review of an order of the Circuit
Court, Prince William (Virginia), which granted divorce and custody to appellee
husband and denied the wife spousal support in her action for dissolution.
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:
- To establish the charge
of adultery the evidence must be full and satisfactory---the judicial mind
must be convinced affirmatively. The proof should be strict, satisfactory,
and conclusive. The testimony of a hired detective in such cases shall be
carefully scrutinized and acted on with great caution. A charge of adultery is
one of a criminal offense and especially and uniquely damaging to the
reputation of the party charged. The general and widely recognized
presumption of innocence must be indulged against it, and, while it is not
required to be proved beyond a reasonable doubt, as in a criminal
proceeding, the evidence must be at least clear and positive and
convincing. Raising a considerable or even strong suspicion of guilt is
not enough.
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.
Friday, April 4, 2014
Divorce Attorneys Prince William Virginia Custody Best Interests
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.
Edwin v. Edwin
Facts:
Plaintiff husband appealed a decision from the Circuit
Court of Prince William (Virginia), which, in the parties' divorce proceedings,
entered judgment on the issues of custody, support, and grounds for divorce.
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 court must consider
the factors in Va. Code Ann. § 20-124.3 in deciding what custody
arrangement is in the child's best interests, including: The age and
physical and mental condition of the child, giving due consideration to
the child's changing developmental needs; The age and physical and mental
condition of each parent; The relationship existing between each parent
and each child, giving due consideration to the positive involvement with
the child's life, the ability to accurately assess and meet the emotional,
intellectual and physical needs of the child; The needs of the child,
giving due consideration to other important relationships of the child,
including but not limited to siblings, peers and extended family members;
The role which each parent has played and will play in the future, in the
upbringing and care of the child.
- In child support cases,
Va. Code Ann. § 20-108.1 provides a rebuttable presumption that the amount
of child support indicated by the guidelines contained in Va. Code Ann. §
20-108.2 is the correct support amount. A court must consider the factors
in Va. Code Ann. § 20-108.1(B) in deciding whether to deviate from the
presumptive amount. These factors include imputed income to a party who is
voluntarily unemployed or under employed. Any child support award must be
based on circumstances existing at the time the award is made.
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:
Divorce Attorneys Prince William Virginia Constructive 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.
Holder v. Holder
Facts:
Plaintiff wife filed a suit for divorce from defendant
husband on the grounds of willful desertion, constructive desertion, and
cruelty. The husband demurred to the wife's amended bill of complaint,
asserting the wife failed to state a cause of action for a divorce from bed and
board on the ground of cruelty. The Circuit Court of Prince William, Virginia,
sustained the demurrer. The wife appealed.
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:
- Va. Code Ann. § 20-95
authorizes a decree of divorce from bed and board for cruelty, reasonable
apprehension of bodily hurt, willful desertion or abandonment. In reality,
there are only two grounds for a divorce from bed and board, desertion and
cruelty, because cruelty and reasonable apprehension of bodily hurt are so
closely related in the matter of proof and effect. Severe mental cruelty,
accompanied by malice or actual menace, may be sufficient grounds for a
divorce under Va. Code Ann. § 20-95. There may be cases in which the
husband, without violence, actual or threatened, may render the marriage
state impossible to be endured. There may be angry words, coarse and
abusive language, humiliating insults, and annoyances in all the forms
that malice can suggest, which may as effectually endanger life or health
as personal violence, and which, therefore, will afford grounds for relief
by the court.
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:
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