Friday, October 31, 2014

Divorce Lawyer Fairfax Virginia Marital Debt

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.

Scott v. Scott

Facts:

Husband sought review of a judgment of the Circuit Court of Fairfax (Virginia), which ruled in favor of appellee wife in matters of equitable distribution, spousal and child support, and attorney's fees related to the decree of 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:

  • Pursuant to decreeing a divorce, a court has the ability to apportion marital debt. Va. Code Ann. § 20-107.3(E)(7). An award of attorney's fees is a matter submitted to the trial court's sound discretion and is reviewable on appeal only for an abuse of discretion. Rather than following a statutory scheme, in determining whether to award attorney's fees the trial court considers the circumstances of the parties, and the equities of the entire case.

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.
Wednesday, October 29, 2014

Divorce Attorneys Fairfax Virginia Support Maintenance

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.

Michel v. Michel

Facts:

The ex-wife filed for and received an order from a juvenile and domestic relations court requiring the ex-husband to pay a monthly fee to his ex-wife for support and maintenance in Fairfax. No divorce was entered, but the court ordered the payments. For several years, the ex-husband made the payments. The ex-husband later defaulted on the payments, and the ex-wife initiated proceedings for contempt in a corporation court. The ex-husband challenged the motion on the ground that the corporation court had no jurisdiction as a court of equity to entertain a bill for alimony without a prayer for a divorce. The court reversed holding that the corporation court, as a court of equity, had jurisdiction over the contempt proceedings despite the fact that no divorce had been sought in the original action. The court further concluded that the existence of criminal desertion and non-support statutes did not abrogate the equity jurisdiction upon the breach of a husband's obligation to support his wife, since such an obligation existed regardless of the coverage of the statutes, and statutes did not provide an independent remedy for the person seeking alimony if the defendant was not convicted.

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 obligation of the husband to support his wife exists regardless of whether or not she is destitute and in necessitous circumstances. If she is not in such circumstances she could not proceed under the non-support statutes and if those statutes have abrogated the general inherent equity jurisdiction to entertain a suit for separate maintenance her only recourse would be to institute a suit for divorce. This she might not want to do, or, perhaps, she might not have adequate grounds for a divorce. Without the right to proceed in equity for separate maintenance, her remedy would be inadequate.

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.

Divorce Attorneys Fairfax Virginia Equitable Distribution 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.

Abraham v. Abraham

Facts:

Appellant husband sought review of a judgment of the Circuit Court of Fairfax (Virginia), which ruled in favor of appellee wife in matters of equitable distribution, spousal and child support, and attorney's fees related to the decree of 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:

  • Pursuant to decreeing a divorce, a court has the ability to apportion marital debt. Va. Code Ann. § 20-107.3(E)(7). Generally, the character of property at the date of acquisition governs its classification pursuant to Va. Code Ann. § 20-107.3. An award of attorney's fees is a matter submitted to the trial court's sound discretion and is reviewable on appeal only for an abuse of discretion. Rather than following a statutory scheme, in determining whether to award attorney's fees the trial court considers the circumstances of the parties, and the equities of the entire case.

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.
Monday, October 27, 2014

Divorce Attorneys Fairfax Virginia Equitable Distribution

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.

Fisher v. Fisher

Facts:

Appellant husband sought review of a judgment of the Circuit Court of Fairfax (Virginia), which ruled in favor of appellee wife in matters of equitable distribution, spousal and child support, and attorney's fees related to the decree of 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:

  • An award of attorney's fees is a matter submitted to the trial court's sound discretion and is reviewable on appeal only for an abuse of discretion. Rather than following a statutory scheme, in determining whether to award attorney's fees the trial court considers the circumstances of the parties, and the equities of the entire case.

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.

Divorce Attorneys Fairfax 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.

Jerome v. Jerome

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 Fairfax. 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:


  • The marital status is not affected by a decree of legal separation, that is, a divorce a mensa et thoro; and where the wife has been forced by her husband's misconduct to seek a decree of separation, there still continues the duty, arising out of the marital status, to provide his wife with a reasonably sufficient support considering his circumstances and her needs at any given time, provided her right to support has not been forfeited by her misconduct, which forfeiture may be for misconduct prior to the decree for separation or subsequent to the entry of such decree.


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.
Friday, October 24, 2014

Virginia Reckless Driving Richmond Attorneys Intoxication

Lawyer - Virginia Reckless Driving


As per Va. Code § 46.2-852, the general rule for reckless driving is defined as, irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.

Below is a sample case of reckless driving in Virginia as interpreted by a lawyer in our firm.

Have you been charged with Reckless Driving in Virginia and you are wondering what the penalty is in VA?

Are you concerned about the consequences of being charged with Reckless Driving in Virginia?

For a lot of our clients, a charge of Reckless Driving can result in the loss of their job, their security clearance, etc.

Don’t risk going to court without a lawyer, if you have been charged with a crime of Reckless Driving in Virginia.

If you have been charged with a criminal offense of Reckless Driving in Virginia and you are wondering what the penalty is in VA, contact our law firm 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 Criminal 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. The lawyers in our law firm have the necessary experience to assist you with this matter.

Button v. Commonwealth

Facts:

A police officer saw defendant driving a jeep that was weaving and five times crossed the double yellow line into the on-coming lane in Richmond. The officer stopped the vehicle and noticed signs of defendant's intoxication. Defendant pled guilty to driving under the influence (DWI). At the trial on the habitual offender charge, the Commonwealth introduced into evidence defendant's guilty plea and conviction on the DWI charge, and a prior adjudication as an habitual offender. The trial court denied defendant's motion to strike. Defendant was convicted. On appeal, the court found that defendant's driving behavior clearly rose to the level of reckless and could have endangered the life, limb, or property of another. The trial judge correctly found that defendant's intoxication alone was not enough to show that his driving of itself endangered the life, limb, or property of another, and his intoxication when combined with the evidence of weaving was sufficient to prove a violation of Va. Code Ann. § 46.2-357(B)(2). The court also found that for § 46.2-357(B)(2) to apply, the driving behavior did not have to actually harm another person or require another person to take evasive action.

If you are facing a traffic 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 distinction between negligent driving and reckless driving is the critical element in determining punishment under Va. Code Ann. § 46.2-357. In defining the conduct that gives rise to felony punishment under 46.2-357(B)(2), the legislature uses the phrase, driving that endangers the life, limb, or property of another, language virtually identical to that found in the statute defining reckless driving. Drunk driving does not per se deserve felony treatment under § 46.2-357. While evidence of intoxication is a factor that might bear upon proof of dangerous or reckless driving in a given case, it does not, of itself, prove reckless driving. The essence of the offense of reckless driving lies not in the act of operating a vehicle, but in the manner and circumstances of its operation.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

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. The lawyers in our law firm have 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.

Divorce Attorneys Fairfax Virginia 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.

Creamer v. Creamer

Facts:

Appellant husband sought review of the decree of the Circuit Court of Fairfax (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:

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, October 23, 2014

Divorce Attorneys Fairfax 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.

Edward v. Edward

Facts:

Defendant husband sought review of the decision of the Circuit Court of Fairfax (Virginia) which granted a divorce to plaintiff wife and granted the wife alimony.

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 is a breach of matrimonial duty, and is composed first, of the actual breaking off of the matrimonial cohabitation, and secondly, an intent to desert in the mind of the offender. Both must combine to make the desertion complete. When a separation and intent to desert are once shown, the same intent will be presumed to continue until the contrary appears.

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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