Friday 4 April 2014
Divorce Attorneys Virginia Beach Cruelty Constructive 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.
Jude
v. Jude
Facts:
The wife filed a bill for divorce alleging cruelty and
amended her bill to include constructive desertion in Virginia Beach. The
husband denied the allegations and filed a cross-bill alleging desertion. The
chancellor held that the wife had failed to prove her allegations and denied
her prayer for a divorce. The trial court further found that the wife deserted
the husband. Custody of the parties' three-year-old son was awarded to the
husband with visitation rights awarded to the wife. The court reversed and
remanded to determine the wife's separate maintenance. The court held that the
trial court erred in holding that the wife's departure from the family domicile
one day after her suit for divorce was filed constituted desertion on the
wife's part. One spouse was not guilty of legal desertion in separating from
the other after the institution of a suit for divorce or during its pendency.
While finding no evidence of unfitness on the part of either parent, the
chancellor awarded custody of the child to the father. There was no evidence
that the wife, with suitable allowances, would not have been able to provide a
suitable and stable home for the child.
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:
- One spouse is not guilty
of legal desertion in separating from the other after the institution of a
suit for divorce or during its pendency. Constructive desertion may be established by cruelty on
the part of one spouse that justifies the other spouse's decision to
discontinue marital cohabitation. In other words, constructive desertion,
unlike willful desertion, requires that the abandoning spouse have some
justification in leaving the marital relationship. A spouse is justified
in doing so if the other spouse's conduct amounts to 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.
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