Tuesday 22 April 2014
Divorce Attorneys Virginia Beach Separation Alimony 20-107
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.
Keith v. Keith
Facts:
When the wife in Virginia Beach was granted a divorce a
vinculo matrimonii from the husband, the trial court awarded her monthly
alimony payments until her death or remarriage. The wife argued that such
language meant that the alimony was to continue until her death or remarriage,
regardless of the husband's death. The executrix demurred, claiming that the
obligation to pay alimony ceased at the husband's death. The trial court agreed
and dismissed the action, and the court affirmed. The decree did not expressly
or by fair implication direct that alimony was to be paid after the death of
the husband. Further, in Francis v. Francis, it was clearly established that
alimony ceased with the death of either party, unless there was an agreement to
the contrary between the parties. Further, the legislature had made no attempt
to change the Francis rule in the divorce statutes, Va. Code §§ 20-107 to
20-110 (1950). The court was thus unwilling, in the absence of clear
legislative authority, to change the settled rule from Francis by extending the
payment of alimony after the death of the husband, in the absence of such a
stipulation or contract
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:
- While a husband and wife
cannot lawfully agree to a divorce, it is well settled that a husband may
bind himself to pay his wife agreed sums, payable at intervals, extending
beyond his death. Such a stipulation or contract may be embodied in the
divorce decree if equitable and approved by the court. Va. Code § 20-109 (1950).
Alimony is a proportion of the husband's estate allowed to the wife for
her maintenance and support during the period of their separation, and
only continues with their joint lives. It ceases with the death of either
of the parties
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:
Subscribe to:
Post Comments (Atom)
Powered by Blogger.
0 comments:
Post a Comment