Tuesday, 4 March 2014

Divorce Attorneys Virginia Beach Grounds Best Interest

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.
Sylvain v. Sylvain
Facts:

            In a divorce action, the Circuit Court of Virginia Beach (Virginia), awarded appellee husband, an incapacitated adult, a divorce on the ground that his guardians deemed a divorce to be in his best interest. Appellant wife appealed asserting, inter alia, that the trial court erred in awarding the divorce as the husband failed to prove he had the requisite intent to divorce wife prior to their separation.

            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:

  • Va. Code Ann. § 20-91(9)(a) provides for a divorce when the husband and wife have lived separate and apart without any cohabitation and without interruption for one year.
  • Where both parties are mentally competent, as a prerequisite for a divorce under Va. Code Ann. § 20-91(9), there must be proof of an intention on the part of at least one of the parties to discontinue permanently the marital cohabitation, followed by physical separation for the statutory period. The words "lived separate and apart" in Va. Code Ann. § 20-91(9) mean more than mere physical separation. The separation has to be coupled with an intention on the part of at least one of the parties to live separate and apart permanently, and that this intention must be shown to have been present at the beginning of the uninterrupted two year period of living separate and apart without any 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.

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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