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.

Our Phone #

Loudoun Virginia

Loudoun 703-278-0405
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