Showing posts with label Need help of a Virginia lawyer for a divorce in VA? Call 888-437-7747. Show all posts
Showing posts with label Need help of a Virginia lawyer for a divorce in VA? Call 888-437-7747. Show all posts
Sunday, April 27, 2014
Divorce Attorneys Loudoun Virginia Desertion Cruelty
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.
May v. May
Facts:
Appellant wife filed a bill of complaint for divorce on
the grounds of desertion and cruelty. Appellee husband filed a cross-bill of
complaint for divorce. The commissioner in chancery recommended that the wife's
grounds for divorce on desertion be granted. The Circuit Court of Loudoun (Virginia)
granted the wife a divorce on the grounds of desertion, but ordered her to
indemnify the husband regarding credit card debt. The wife appealed.
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:
- When a court refers a
cause to a commissioner in chancery, it does not delegate its judicial
functions to the commissioner, and it is not bound by the commissioner's
recommendations. Rather, the court must review the evidence, apply the
correct principles of law, and make its own conclusions as to the
appropriate relief required. The Virginia Supreme Court has defined the
authority of a commissioner in chancery in an equity proceeding as an
officer appointed by the chancellor to aid him or her in the proper and
expeditious performance of his or her duties.
- Va. Code Ann. §
20-107.3(E)(5) requires the court to consider the circumstances and
factors that contributed to the dissolution of the marriage without
limiting the trial court to considering only the grounds of divorce that
were proven. Va. Code Ann. § 20-107.3(E)(5). Whether a party has proven
such a factor or circumstance as legal grounds for divorce is different
from whether it had an impact on the marriage dissolving.
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:
Friday, April 25, 2014
Divorce Attorneys Loudoun Virginia Desertion Cruelty
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.
Henry v. Henry
Facts:
Plaintiff wife filed a suit for divorce from defendant
husband on the grounds of willful desertion, constructive desertion, and
cruelty. The husband demurred to the wife's amended bill of complaint,
asserting the wife failed to state a cause of action for a divorce from bed and
board on the ground of cruelty. The Circuit Court of Loudoun, Virginia,
sustained the demurrer. The wife appealed.
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:
- In the context of a
divorce action, the appellate court accepts all allegations in the bill of
complaint as true, as well as all reasonable inferences that flow from
them. If the allegations sufficiently state a cause of action cognizable
in Virginia , the suit should be allowed to proceed.
- Va. Code Ann. § 20-95
authorizes a decree of divorce from bed and board for cruelty, reasonable
apprehension of bodily hurt, willful desertion or abandonment. In reality,
there are only two grounds for a divorce from bed and board, desertion and
cruelty, because cruelty and reasonable apprehension of bodily hurt are so
closely related in the matter of proof and effect.
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:
Thursday, April 24, 2014
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.
Nickerson v. Nickerson
Facts:
Appellant ex-husband sought review of a decision of the
Circuit Court of Loudoun (Virginia), which granted appellee ex-wife a divorce
from the ex-husband, custody of the two minor children, and alimony and support
money.
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:
- Absent clear evidence of
permanent and unexcused refusal of sexual relations, a showing of mere
cessation of intercourse is not sufficient to prove cruelty or
constructive desertion.
- One spouse is not
justified in leaving the other, unless the conduct of the other is such to
establish a foundation of judicial proceeding for a 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:
Wednesday, April 23, 2014
Divorce Attorneys Loudoun Virginia Child 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.
Lionel v. Lionel
Facts:
Appellant husband challenged a decision of the Circuit
Court of Loudoun (Virginia), which granted appellee wife a divorce. The
decision also awarded the wife sole custody of their children, awarded her both
spousal and child support, equitably distributed the marital property, and
awarded the wife attorney's fees.
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:
- Constructive desertion
occurs in a marriage where the conduct of the other spouse has caused
conditions in the marital home to be intolerable to the point that the
affected spouse has to leave.
- Actual desertion
requires both an actual breaking off of the marital cohabitation and an
intent to desert in the mind of the offender. Reasons to refuse
cohabitation other than an intent to desert may justify discontinuance of
the relationship without giving rise to grounds for divorce.
- Equitable distribution
does not mean equal distribution. In adopting the equitable distribution
model, the Virginia General Assembly expressly rejected any presumption in
favor of an equal distribution of marital property. Instead, a trial court
considers the factors in Va. Code Ann. § 20-107.3, to make a decision
regarding division of marital property.
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:
Tuesday, April 22, 2014
Divorce Attorneys Loudoun Virginia Alimony Custody Maintenance 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.
Dawson v. Dawson
Facts:
The JDR Court of Loudoun (Virginia) granted appellee wife
an absolute divorce from appellant husband together with alimony, costs of
suit, counsel fees, custody of the children, and an adequate sum for their
maintenance, support and education. The court also impounded the husband's
stock to secure payment of alimony and support. The husband challenged the
judgment.
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:
- In fixing the amount of
alimony in divorce cases, the court will not seek to find how light the
burden may possibly be made but what, under all the circumstances, will be
a fair and just allotment. The award of alimony is within the sound
discretion of the court. Upon decreeing a divorce the court may make such
further decree as it shall deem expedient concerning the estate and the
maintenance of the parties, or either of them, and the care, custody and
maintenance of their minor children
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:
Sunday, April 20, 2014
Divorce Attorneys Loudoun Virginia Equitable Distribution Marital Property
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.
Victor v. Victor
Facts:
First, the Loudoun court did not err in finding that the
plain, unambiguous language of the prenuptial agreement required that it be
incorporated into the divorce decree. However, it erred in concluding that the parties
intended that the agreement was to govern the distribution of the wife's house
and a condominium in the context of divorce. The disposition of both pieces of
real property was addressed, but specifically in the context of the death, not
divorce. No provision in the agreement expressly excluded the parties' real
property interests from equitable distribution pursuant to § 20-107.3.
Likewise, the trial court failed to value the limited partnerships and limited
liability companies, and failed to include funds the wife withdrew from marital
funds as marital property. The trial court did not err in concluding there were
no tax consequences to consider in making its award, in concluding that husband
failed to meet his burden of proving a second condominium was his separate
property, in classifying certain stock as the wife's separate property, or in
concluding that a vehicle remained the wife's separate property because she
purchased it before the marriage.
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:
- Antenuptial agreements,
like marital property settlements, are contracts subject to the rules of
construction applicable to contracts generally, including the application
of the plain meaning of unambiguous contractual terms. Contract language
is ambiguous when it may be understood in more than one way or when it
refers to two or more things at the same time. But, if no patent or latent
ambiguities exist, a court should enforce the plain meaning of the
contractual language without resort to extrinsic evidence. Whether
contract language is ambiguous is a question of law, not fact. A trial
court's ruling is, thus, subject to de novo review. Under that review, no
deference is accorded the trial court's conclusion regarding ambiguity.
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:
Thursday, April 17, 2014
Divorce Attorneys Loudoun Virginia Desertion Alimony
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.
Waugh v. Waugh
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 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:
Wednesday, April 16, 2014
Divorce Attorneys Loudoun Virginia Alimony Settlement Agreement
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.
Waugh v. Waugh
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 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:
- In exercising its
jurisdiction in a suit for divorce a mensa et thoro the court is not exercising
a jurisdiction to dissolve a marriage, but a jurisdiction to regulate
during the continuation of the marital status the rights and duties of the
parties arising from the marital status. Upon reason, principle, and
authority, under the common law the continuing status of husband and wife,
out of which arises a continuing duty of the husband to support his wife,
prevents the decree for alimony upon a divorce a mensa et thoro from being
a final adjudication of the right of the wife to support under conditions
arising subsequent to the decree; and gives to the court a continuing
jurisdiction over the amount of future installments of alimony to be paid,
the power to change or modify its decree with reference thereto for causes
arising subsequent to the entry of such decree, and the power, in a proper
case, to make operative the wife's forfeiture of her right to support by
her misconduct subsequent to the entry of the decree by revoking its
decree in so far as it requires the payment to her of future installments
of alimony.
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:
Tuesday, April 15, 2014
Divorce Attorneys Loudoun Virginia Child Support 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.
Stephen v. Stephen
Facts:
Appellant husband sought review of the decree of the
Circuit Court of Loudoun (Virginia) that awarded appellee wife a divorce,
custody of the couple's infant daughter, and child support.
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:
- Mere coolness at times
and periodical refusal of sexual intercourse alone, with the marital
relationship otherwise unimpaired, does not constitute desertion. Where a
marriage relation remains otherwise unimpaired, the mere cessation of
marital intercourse in the sexual sense, though without justifying cause,
does not amount to either cruelty or desertion within the meaning of the
divorce laws.
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:
Monday, April 14, 2014
Divorce Attorneys Loudoun Virginia Cruelty Separation
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.
Robinson v. Robinson
Facts:
Plaintiff wife sought review of a decree of the Circuit
Court of Loudoun (Virginia) that denied her complaint for divorce against
defendant husband.
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:
- Violence and
apprehension of bodily hurt, though nearly always appearing in suits of
divorce on the ground of cruelty, are not indispensable ingredients of
that offense. Mental anguish, repeated and unrelenting neglect and
humiliation, may be as bad as physical wounds and bruises, and may be
visited upon an unoffending spouse in such degree as to amount to cruelty
even in the very strict sense in which that term ought always to be used
in the law of divorce.
- Cruelty on the part of
the husband which results in the wife's enforced separation from his bed
and board is tantamount to desertion on his part.
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.
Sunday, April 13, 2014
Divorce Attorneys Loudoun Virginia Maintenance 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.
Black v. Black
Facts:
The husband and the wife entered into an agreement to
divorce in which the husband gave the wife cash, furniture, and a truck in
consideration of the release of the husband of his obligation to provide her
with maintenance and support. During the two-year period of the separation
agreement, the husband and the wife frequently cohabited. Despite the wife's
persistent efforts to reconcile the marriage, the husband instituted
proceedings claiming that the agreement of separation was valid, and that
desertion was a ground for divorce. The trial court dismissed the case. The
Loudoun court affirmed. The court reasoned that the alleged agreement between
the husband and his wife was void because contracts to facilitate divorce are
against public policy. The Loudoun court also determined that the mere
separation by mutual consent of the husband and the wife did not constitute a
desertion by either party, and was not therefore an additional reason to grant
a divorce. The court concluded that there was no evidence that the wife
deserted her husband so as to entitle him to a divorce.
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:
- Desertion can only be
complained of when it is against the will of the party who is deserted,
and constitutes a grievance which deprives him of the society of his wife
without his consent or acquiescence. If there be a separation by consent,
that consent shows that the parties deem it no grievance to be deprived of
each other's society, and nothing but an unconditional and entire
resumption of their early relations can restore them to such a position as
would make a new separation by the departure of the wife, as in this case,
a criminal 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:
Saturday, April 12, 2014
Divorce Attorneys Loudoun Virginia Desertion 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.
George v. George
Facts:
Appellant husband sought review of the judgment by the
Circuit Court of Loudoun (Virginia), which rejected the commissioner's finding
that appellee wife was guilty of desertion and was not entitled to spousal support,
granted appellee spousal support and attorney's fees, and granted appellee a
no-fault divorce.
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 general rule is that
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. Although this rule has been relaxed, one spouse is not
legally justified in leaving the other merely because there has been a
gradual breakdown in the marital relationship.
- The absenting of one
spouse from the other after the institution and during the pendency of a
suit for divorce is not desertion in law; however the rule should never be
applied when it appears that the suit for divorce turns out to be
frivolous, a mere sham.
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:
Friday, April 11, 2014
Divorce Attorneys Loudoun Virginia Custody Child Equitable Distribution
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.
Green v. Green
Facts:
Appellee wife filed for divorce in Hungary. Appellant
husband filed suit in the Circuit Court of Loudoun County (Virginia), seeking a
divorce, custody of the parties' child, and an equitable distribution of the
marital estate. The Hungarian court granted the parties a divorce and awarded
custody of the child to wife. The trial court entered a final decree regarding
equitable distribution, child support, and spousal support. The husband
appealed..
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:
- Where multiple states or
foreign countries have potential initial jurisdiction over child custody,
the Uniform Child Custody Jurisdiction and Enforcement Act dictates where
actual jurisdiction shall be exercised..
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, April 10, 2014
Divorce Attorneys Loudoun Virginia Adultery Cruelty Child 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.
Tommy v. Tommy
Facts:
Plaintiff wife filed for divorce on grounds of adultery
and desertion. Defendant husband filed a cross-bill alleging adultery and
cruelty in Loudoun. At a pendente lite hearing, the wife was granted exclusive
possession of the marital residence, and the husband was ordered to make the
mortgage payments on that property, and awarded child support. After discovery,
the instant matter followed.
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:
- Adultery must be proven
by clear, convincing and positive evidence. Care and circumspection should
accompany consideration of the evidence. However, adultery does not have
to be proven beyond a reasonable doubt. Rather, the evidence must produce
in the mind of the trier of facts a firm belief or conviction as to the
allegations sought to be established. Further, adultery can be proven by
circumstantial evidence as well as direct evidence.
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:
Wednesday, April 9, 2014
Divorce Attorneys Loudoun Virginia Willful Constructive Desertion Cruelty
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.
Potter v. Potter
Facts:
Plaintiff wife filed a suit for divorce from defendant
husband on the grounds of willful desertion, constructive desertion, and
cruelty. The husband demurred to the wife's amended bill of complaint,
asserting the wife failed to state a cause of action for a divorce from bed and
board on the ground of cruelty. The Circuit Court of Loudoun, Virginia,
sustained the demurrer. The wife appealed.
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. § 20-95
authorizes a decree of divorce from bed and board for cruelty, reasonable
apprehension of bodily hurt, willful desertion or abandonment. In reality,
there are only two grounds for a divorce from bed and board, desertion and
cruelty, because cruelty and reasonable apprehension of bodily hurt are so
closely related in the matter of proof and effect. Severe mental cruelty,
accompanied by malice or actual menace, may be sufficient grounds for a
divorce under Va. Code Ann. § 20-95. There may be cases in which the
husband, without violence, actual or threatened, may render the marriage
state impossible to be endured. There may be angry words, coarse and
abusive language, humiliating insults, and annoyances in all the forms
that malice can suggest, which may as effectually endanger life or health
as personal violence, and which, therefore, will afford grounds for relief
by the court.
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:
Monday, April 7, 2014
Divorce Attorneys Loudoun Virginia Marital Property 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.
Timmy v. Timmy
Facts:
The Circuit Court of Loudoun (Virginia) granted the
parties a final divorce, equitably distributed the marital property, awarded
appellee wife monthly spousal support and attorney's fees, and held appellant
husband in contempt for willfully failing to pay pendente lite spousal support
arrears. The husband appealed.
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:
- Whether spousal support
should be paid is largely a matter committed to the sound discretion of
the trial court, subject to the provisions of Va. Code Ann. § 20-107.1.
Va. Code Ann. § 20-107.1(1) expressly provides that in setting spousal
support the trial court shall consider a party's financial resources,
including income from all pension, profit sharing or retirement plans, of
whatever nature. However, the trial court must apply the provisions of Va.
Code Ann. § 20-107.1(1) in conjunction with the provisions and limitation
imposed by Va. Code Ann. § 20-107.3(G)(1).
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:
Sunday, April 6, 2014
Divorce Attorneys Loudoun Virginia Cruelty 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.
Rodriguez v. Rodriguez
Facts:
Plaintiff wife in Loudoun sued defendant husband for a
divorce based on cruelty, seeking spousal support distribution of the husband's
military pension and attorneys' fees. The husband filed a cross-bill alleging
desertion, seeking attorneys' fees.
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:
- Cruelty may consist of
cumulative acts of ill treatment, unrelenting abuse and humiliation, not
amounting to physical cruelty but resulting in mental anguish which may be
as bad as physical wounds and bruises. Inattentiveness, incivility,
disputes and other vexations which do not cause reasonable apprehension of
harm and which merely contribute to an erosion of the relationship, do not
amount to cruelty. A fault divorce based on cruelty cannot be granted
because the parties are unable to live together in peace and harmony.
Profane and harsh language, petulance of manner, rudeness, a dictatorial
bearing, and even sallies of passion that do not threaten harm, do not
amount to cruelty. A single act of physical cruelty, without more, does
not constitute cruelty as a ground for 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:
Friday, April 4, 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.
Dew v. Dew
Facts:
Appellant husband sought review of a judgment of the
Circuit Court of Loudoun (Virginia), which granted a monetary award, attorney's
fees, and costs to appellee wife in the parties divorce action. The trial court
also denied the husband's motion for restitution for the amount he had
previously paid to the wife for spousal support pursuant to the trial court's
prior monetary award, which had been set aside on appeal.
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 power of a court to
repair the injury occasioned by its own wrongful adjudication, is not
derived from a mandate of the appellate forum, made upon rendering the
judgment or decree of reversal, but is substantially the same which it
exercises when its own process has been abused, or used without authority,
by its suitors or ministerial officers. And so it may award a writ of
restitution where its process has been misapplied by its own authority
erroneously exercised, as is made manifest by a reversal of the judgment
or decree on which it issued, whether accomplished by its own
jurisdiction, or that of a higher appellate tribunal. That the mandate for
restitution is merely declaratory or directory, rather than statutorily
imposed, is obvious from the consideration, that it is never refused upon
a reversal on the merits, unless for the want of sufficient evidence to
show that the erroneous judgment or decree has been actually enforced; and
then the refusal is never entered on the record, but the whole matter
silently referred to the cognizance of the court below.
- The trial judge's
authority to make an award of support and maintenance is statutory.
Moreover, the decision whether to make an award is specifically prescribed
as follows: No permanent maintenance and support shall be awarded from a
spouse if there exists in such spouse's favor a ground of divorce for
adultery, sodomy, or buggery committed outside the marriage. However, the
court may make such an award notwithstanding the existence of such ground
if the court determines from clear and convincing evidence, that a denial
of support and maintenance would constitute a manifest injustice, based
upon the respective degrees of fault during the marriage and the relative
economic circumstances of the parties.
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:
Divorce Attorneys Loudoun Virginia Desertion Alimony
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.
Rodriguez v. Rodriguez
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 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.
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