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.
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