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:

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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