Thursday, April 24, 2014

Divorce Attorneys Fairfax Virginia Cruelty Desertion

10:22 PM | Posted by Unknown | Edit Post
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.
David v. David
Facts:

            Plaintiff, a wife, filed a bill of complaint in Fairfax for divorce alleging cruelty, desertion, and constructive desertion. Upon a grant of demurrer to defendant, the husband, the wife filed an amended bill of complaint. The court sustained the husband's second demurrer, and the wife filed a motion for reconsideration.

            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 cruelty that authorizes a divorce in Virginia is anything that tends to bodily harm and thus renders cohabitation unsafe, or, as expressed in the older decisions, that involves danger of life, limb, or health. 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 would afford grounds for relief by the court. But it is obvious that what merely wounds the feelings without being accompanied by bodily injury or actual menace, mere austerity of temper, petulance of manner, rudeness of language, want of civil attention and accommodation, or even occasional sallies of passion that do not threaten harm, although they be high offenses against morality in the marital state, does not amount to legal cruelty.
  • Denial of sexual intercourse is one of the factors a court would look to as evidence of a withdrawal of the duties of the marital relationship. However, this means denial of sexual relations by the party alleged to be guilty of desertion, not by the one alleging it. Desertion and constructive desertion require egregious actions making up the willful breach and neglect of marital duties. They must be such as to practically destroy home life in every true sense, and to render the marriage state well nigh intolerable and impossible to be endured. 
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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