Tuesday 1 April 2014
Divorce Attorneys Virginia Beach Constructive Desertion Cruelty
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.
May v. May
Facts:
The wife a resident of Virginia Beach asserted that she
was entitled to a divorce because abusive conduct corroborated by physical
ailments sufficiently established constructive desertion or cruelty. The
husband argued that the grounds for divorce did not exist.
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:
- In general, misconduct
which will form a good grounds for legal separation must be very serious
and such as amounts to extreme cruelty, entirely subversive of the family
relations, rendering the association intolerable. Abandonment and
desertion pursuant to either Va. Code Ann. §§ 20-91(6) or 20-95 require
the establishment by a preponderance of the evidence a breach of
matrimonial duty coupled with an intent to desert the relationship.
"Constructive" desertion additionally requires cruelty such as
to constitute desertion of the marital relationship although the party
committing "cruel" acts did not leave the marital home.
- Violence and
apprehension of bodily harm are not indispensable ingredients of cruelty
as mental anguish, repeated and unrelenting neglect and humiliation, may
be as bad as physical wounds and bruises, and may be visited upon an
unoffending spouse in such degree as to amount to cruelty even in the very
strict sense in which that term ought always to be used in the law of
divorce. Acts of cruelty are cumulative augmenting by each additional act,
although at first they are condoned to a certain point. However, continued
cohabitation usually affirms the marriage. Corroborated acts of cruelty
subsequent to reconciliation revive prior acts of cruelty.
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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