Monday 14 April 2014
Divorce Attorneys Virginia Beach Spousal Support Adultery
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.
Donald v. Donald
Facts:
Plaintiff husband sought review of the judgment of the
Circuit Court of Virginia Beach (Virginia), which awarded a divorce a vinculo
martimonii and directed him to pay defendant wife spousal support, claiming
that, pursuant to Va. Code Ann. § 20-107.1, the wife could not be awarded
spousal support due to her post-separation adultery.
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. § 20-107.1
authorizes the trial court to award spousal support subject to the
provision that no permanent maintenance or support shall be awarded from a
spouse if there exists in such spouse's favor a ground of divorce under
the provisions of Va. Code Ann. §§ 20-91(1), (3), or (6) or § 20-95.
- Recrimination in divorce
law is the defense that the applicant has himself done what is a ground
for divorce. It bars the plaintiff's suit founded on whatever cause,
whether the defendant is guilty or not. If it be established that one
spouse has been guilty of cruelty, or of desertion for a period
insufficient to justify an absolute divorce, those offenses, for which
merely a divorce a mensa et thoro may be granted, grave though they may
be, are not sufficient to bar the right of the other spouse to a divorce
from the bonds of matrimony if the statutory grounds for that relief be
sufficiently proved. Further, a plea of recrimination with respect to any
other ground of divorce shall not be a bar to either party obtaining a
divorce on the ground of 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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