Tuesday, 18 March 2014

Divorce Attorneys Virginia Beach Separation Cohabitation

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.
Jenkins v. Jenkins

Facts:

            Plaintiff wife filed for divorce in Virginia Beach from defendant husband. As grounds for the divorce, the wife stated that the parties had lived separate and apart from each other without any cohabitation and without interruption, although remaining within the same house. During such time, it was the intention of at least one of the parties that the separation be permanent; and, there was no possibility of a reconciliation between the parties.

            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:

  • A divorce based on one year separation does not require any evidence regarding the nature of the marital relationship. The legislature enacted Va. Code Ann. § 20-91(9) to permit the granting of a divorce to either spouse regardless of fault and without any inquiry into the quality of the relationship, when the parties have lived separate and apart for the required period. Living separate and apart requires more than mere physical separation. The act of physically separating must be coupled with the intent to end the marriage at the time of the separation. But physical separation is required before the court can even look at the intent of the parties at the time of the separation.
  • A divorce based on living separate and apart for one year requires that the parties physically separate their lives. Without that physical act, the court cannot look to the intent of the parties to end the marriage. Fault-based grounds for divorce exist if the parties desire for the court to examine the nature of the marital relationship. But one of the purposes behind enacting a ground for divorce based on separation for the prescribed length of time is to avoid such an intrusion and rely on the act of physically separating as proof of the demise of the marriage. To avoid the risk of collusion between the parties, the separation must be clearly established and corroborated by both witness testimony and the circumstances surrounding the separation.
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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