Friday, October 31, 2014

Divorce Lawyer Loudoun Virginia Desertion Spousal Support

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.

Willard v. Willard

Facts:

Appellant wife challenged a judgment of the Circuit Court of Loudoun which denied her spousal support after she was awarded a divorce from appellee husband on the ground of desertion.

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 introduction of the principle of equitable distribution into the laws of the commonwealth did not repeal the established rules and guidelines concerning spousal support. With respect to spousal support, the general rule remains that the income of the party who is required to pay, however such income is derived or derivable, is the fund from which the allowance is made. A review of all the factors contained in Va. Code § 20-107.1 is mandatory.

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.
Wednesday, October 29, 2014

Divorce Attorneys Loudoun Virginia Alimony Settlement Agreement

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.

Chris v. Chris

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 Loudoun. 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 Loudoun 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.

Divorce Attorneys Loudoun Virginia Alimony 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.

Claudius v. Claudius

Facts:

Defendant husband sought review from a decree of the Circuit Court of Loudoun (Virginia) that granted plaintiff wife a divorce a mensa et thoro on the basis of desertion and abandonment and awarded her alimony. The circuit court denied the husband's cross-bill for a divorce a mensa et thoro on the basis of desertion.

If you are facing a Divorce case in Loudoun 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 justified in leaving the other, unless the conduct of the other is sufficient to establish the foundation of judicial proceeding for a divorce. Mere coolness and denial of sexual intercourse, where other marital duties are performed, do not constitute cruelty or desertion in the sense used in the law 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:

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.
Monday, October 27, 2014

Divorce Attorneys Loudoun Virginia Spousal Support 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.

Tommy v. Tommy

Facts:

Appellant wife challenged a judgment of the Circuit Court of Loudoun (Virginia) which denied her spousal support after she was awarded a divorce from appellee husband on the ground of desertion.

If you are facing a Divorce case in Loudoun 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:

  • Whether spousal support should be paid is largely a matter committed to the sound discretion of the trial court, but it is not a discretion to be exercised without reference to Va. Code § 20-107.1 and established guidelines. The statute commands that, in order to exercise its discretion, the court shall consider the specific factors contained therein. Failure to do so is reversible error.

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.

Divorce Attorneys Loudoun Virginia Support Maintenance

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.

Carlton v. Carlton

Facts:

Appellant wife sought review of a decree from the Circuit Court of Loudoun (Virginia) that denied support and maintenance for the wife in appellee husband's action for a divorce.

If you are facing a Divorce case in Loudoun 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.
Friday, October 24, 2014

Divorce Attorneys Loudoun Virginia 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.

Jerry v. Jerry

Facts:

Appellant husband sought review of a judgment of the Circuit Court of Loudoun (Virginia), which denied him a divorce upon the ground of desertion because the husband and wife continued living together and had other minimal family contacts.

If you are facing a Divorce case in Loudoun 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 could be granted on the grounds of desertion where the parties remained under the same roof. The willful withdrawal of the privilege of sexual intercourse, without just cause or excuse, constitutes willful desertion, within the meaning of such statute on the subject as that in Virginia , when such withdrawal is accompanied, as in the cause before us, with such willful breach and neglect of other marital duties as to practically destroy home life in every true sense, and to render the marriage state well nigh intolerable and impossible to be endured. Such conduct, on the part either of husband or wife, is considered to be a general withdrawal from the duties of the marital relationship; and, if willfully done, without just cause or excuse, this, by the great weight of authority, constitutes willful 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.

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, October 23, 2014

Divorce Attorneys Loudoun Virginia 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.

Matt v. Matt

Facts:

Plaintiff husband filed a divorce action against defendant wife in the Circuit Court of Loudoun (Virginia). The trial court granted the parties a divorce and ordered the husband to pay spousal support to the wife. The husband appealed.

If you are facing a Divorce case in Loudoun 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 from the bond of matrimony may be decreed where either party has willfully deserted or abandoned the other, and such divorce may be decreed to the innocent party after a period of one year from the date of such act. 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. In the absence of justification apparent from plaintiff's own evidence, proof by plaintiff of an actual breaking off of matrimonial cohabitation, combined with the intent to desert in the mind of the offender, entitles a deserted party to a divorce. When such desertion is established, the duty of going forward with evidence of justification and excuse then rests on the defendant, unless such justification appears from testimony adduced by the plaintiff.

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.

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