Wednesday 2 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.
Daniel v. Daniel
Facts:
Plaintiff wife filed a suit for divorce from defendant
husband on the grounds of willful desertion, constructive desertion, and
cruelty. The husband demurred to the wife's amended bill of complaint,
asserting the wife failed to state a cause of action for a divorce from bed and
board on the ground of cruelty. The Circuit Court of Virginia Beach, Virginia,
sustained the demurrer. The wife appealed.
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. § 20-95
authorizes a decree of divorce from bed and board for cruelty, reasonable
apprehension of bodily hurt, willful desertion or abandonment. In reality,
there are only two grounds for a divorce from bed and board, desertion and
cruelty, because cruelty and reasonable apprehension of bodily hurt are so
closely related in the matter of proof and effect. The general rule is
that the cruelty that authorizes a divorce is anything that tends to
bodily harm and thus renders cohabitation unsafe. Furthermore, a single
act of physical abuse will not constitute cruelty unless it is so severe
and atrocious as to endanger life or is likely to be repeated in the
future.
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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