Wednesday, 16 April 2014

Divorce Attorneys Virginia Beach Cruelty Desertion

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.
Moses v. Moses

Facts:

            The wife sought a divorce on the ground of her husband's cruelty in Virginia Beach. The court ruled that, under all the circumstances, in view of his wife's conduct, the husband was not guilty of such cruelty as would justify desertion by her. The trial court found that there was no just cause for the desertion and that the husband was entitled to a decree on this ground. The court concurred in this conclusion. The court noted that the question as to whether the wife could be held guilty of a wilful desertion such as would entitle the husband to a divorce on the ground of desertion, in view of a separation agreement between the parties, was a close one. The agreement recited that the parties had mutually agreed to separate and live apart. The court decided that the contract, while recognizing that the parties had agreed to live apart, was entered into for the purpose of adjusting property rights and so that the husband could avoid a jail sentence.

            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:

  • The distinction between an agreement to live separate and apart, made prior to actual separation, and one made after separation, is a distinction without a real difference. Voluntary acquiescence after the fact would remove cause of complaint as well as consent prior to the desertion. A husband or wife may be guilty of wilful, continued and obstinate desertion notwithstanding articles of separation are signed, after the desertion, if one spouse knows that the other spouse dissents from the separation, and he or she is determined to continue it.
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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