Friday, March 21, 2014
Divorce Attorneys Loudoun Virginia Adultery 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.
Toy v. Toy
Facts:
Defendant wife appealed from the decree of the Circuit
Court of Loudoun (Virginia), entered upon an ore tenus hearing, rejecting her
defense of condonation under Va. Code Ann. § 20-94 and granting plaintiff
husband a divorce on adultery grounds and custody of their children on fitness
grounds.
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. § 20-94
provides that, when the suit is for divorce for adultery, the divorce
shall not be granted, if it appear that the parties voluntarily cohabited
after the knowledge of the fact of adultery, or that it occurred more than
five years before the institution of the suit, or that it was committed by
the procurement or connivance of the plaintiff. Under the statute,
voluntary cohabitation after knowledge of the spouse's misconduct amounts
to condonation and bars a divorce to the condoning party. To constitute
condonation, Knowledge is necessary. One cannot condone what one does not
know. Where a defendant is guilty of several matrimonial offenses, and the
plaintiff, when he forgives the defendant, knows of one of them but not of
the others, the condonation operates as to the known offense; but because
of the lack of knowledge the forgiveness does not bar an action based on
the others. Moreover, it is essential that there be no repetition of the
offense. Repetition revives the right to complain of an injury forgiven.
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: