Friday, April 4, 2014

Divorce Attorneys Fairfax Virginia Adultery 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.
James v. James

Facts:

            Appellant former husband appealed from a final decree of divorce, which was granted by the Circuit Court of Fairfax (Virginia) on the ground of the former wife's adultery. The former husband contended that the trial court erred in its orders of spousal support, distribution of marital property, award of litigation costs, and in not granting the divorce on the additional ground of desertion by the former wife.

            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 occurs when one spouse breaks off marital cohabitation with the intent to remain apart permanently, without the consent and against the will of the other spouse.
  • Va. Code Ann. § 20-107.1 provides in part that any maintenance and support shall be subject to the limitations set forth in Va. Code Ann. § 20-109, and no permanent maintenance and support shall be awarded from a spouse if there exists in such spouse's favor a ground for divorce under the provisions of Va. Code Ann. § 20-91(1) (adultery, sodomy, or buggery). 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:

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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