Divorce Lawyers In Fairfax Virginia

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.


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.