Wednesday 9 April 2014
Divorce Attorneys Virginia Beach 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.
Ben v. Ben
Facts:
Appellant husband challenged a ruling by the Circuit
Court of Virginia Beach (Virginia), which ruled that the husband was not
entitled to a divorce on the grounds of desertion by appellee wife, who refused
to move with the husband when he was transferred to another city by his
employer.
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:
- A party may be justified
in leaving a marital abode even if grounds of divorce do not exist and may
do so without committing desertion. Although these cases express no fixed
formula for determining when justification exists, they recognize the
underlying premise that leaving the marital home is justified when a
spouse's conduct creates conditions so intolerable that the other spouse
cannot reasonably be expected to remain in the home. This justification
may exist even if the conduct of the leaving spouse may have contributed
in some measure to the marital difficulties so long as the other spouse's
conduct is disproportionate to any provocation. Justification for leaving
the marital home need not and does not equate with that misconduct
necessary to establish grounds for divorce. One spouse may not leave the
other and successfully claim constructive desertion without proving that
the other's misconduct constituted ground for divorce. The burden of going
forward with the evidence rests on the party claiming justification.
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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