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.

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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