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.
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