Tuesday, March 18, 2014

Divorce Attorneys Loudoun Virginia Adultery Support Maintenance

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.

Painter v. Painter

Facts:

            The wife filed a bill seeking to set aside and vacate the divorce decree entered on the ground of her adultery in Loudoun. The wife alleged that she had not contested the divorce suit because the husband led her to believe that the suit would be withdrawn and also alleged that she had sexual intercourse with the husband during the pendency of the suit. The trial court entered a decree setting aside and vacating the divorce decree and also awarding support and maintenance for the wife and child. On appeal, the court affirmed the trial court's decree. The court determined that the wife had an absolute defense to the divorce proceedings. The court found that the wife had reasonable grounds to believe that it was unnecessary for her to appear and make defense. The court found that the husband had led the wife into a position of false security and concealed their true relations from the trial court. The court rejected the husband's claim that the wife was guilty of laches in bringing the suit. The court found that the husband's second wife and child were not necessary parties. The court also found no reversible error with respect to the support and maintenance award.

            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:

  • Voluntary cohabitation of the parties after knowledge of the adultery charged, whether regarded as condonement or not, is a conclusive defense. The literal or derivative meaning of the word "cohabit" is to live together while its popular and often legal signification is to copulate. The legislature intended the latter interpretation.
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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Loudoun Virginia

Loudoun 703-278-0405
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