Friday 4 April 2014
Divorce Attorneys Virginia Beach Evidence Fraud
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.
Julian v. Julian
Facts:
Appellant ex-husband sought review of an order of the
Circuit Court for Virginia Beach (Virginia), which refused to overturn the
husband's five-year-old a mensa et thoro divorce decree upon the ground it was
procured by extrinsic fraud by his wife.
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:
- Although a judgment
obtained by extrinsic fraud is void and, therefore, subject to direct or
collateral attack, a judgment obtained by intrinsic fraud is merely
voidable and can be challenged only by direct appeal or by a direct attack
in an independent proceeding. Intrinsic fraud includes perjury or other
means of obscuring facts presented before the court and whose truth or
falsity as to the issues being litigated are passed upon by the trier of
fact.
- On review, an appellate
court must consider the evidence in the light most favorable to a party
prevailing in a trial court. Where the trial court's decision is based
upon an ore tenus hearing, its determination will not be disturbed on
appeal unless it is plainly wrong or without evidence in the record to
support it. Because the trial judge is in a position to see and hear the
witnesses, his or her findings are entitled to an appropriate degree of
respect.
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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