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:
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