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.

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.

0 comments:

Powered by Blogger.