Friday, October 31, 2014

Divorce Lawyer Richmond Virginia Spousal Support

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.

Mark v. Mark

Facts:

Defendant a former husband, moved to terminate spousal support previously ordered to be paid to plaintiff, a former wife. The court had previously denied the husband's motion to dismiss and had granted the wife temporary spousal support in connection with her petition for a divorce.

If you are facing a Divorce case in Richmond 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:

  • The statutory scheme established by the legislature is well-established and authorizes three steps in determining a party's support obligation. Va. Code Ann. § 20-103 provides for temporary support during the pendency of the divorce proceedings which may be awarded irrespective of a spouse's right to receive final support following the dissolution of the marriage. Va. Code Ann. § 20-107.1 establishes the method to determine a final support obligation and requires consideration of the 13 additional enumerated factors. Va. Code Ann. § 20-109 is the designated method to modify an already existing award.

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.
Wednesday, October 29, 2014

Divorce Attorneys Richmond Virginia Constructive Desertion Cruelty

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.

Sam v. Sam

Facts:

A wife filed a complaint against the husband, seeking a divorce on the grounds of constructive desertion and cruelty in Richmond. She also sought spousal support and attorney's fees. The husband requested a divorce on the grounds of adultery. The parties represented that they had resolved the issue of equitable distribution of the marital estate.

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:

  • In seeking a divorce, the burden of proof is on a party alleging constructive desertion to prove those allegations by a preponderance of the evidence. Allegations supporting a statutory divorce ground must be established by corroborated evidence independent of party admissions. Va. Code Ann. § 20-99 (2010). Under Va. Code Ann. § 20-107.1 a court may make such decree as it shall deem expedient concerning the maintenance and support of the spouses. In determining whether to award support and maintenance for a spouse, the court shall consider the circumstances and factors which contributed to the dissolution of the marriage, specifically including adultery and any other grounds for divorce under the provisions of Va. Code Ann. §§ 20-91(3) or (6) or 20-95.

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.

Divorce Attorneys Richmond Virginia Constructive Desertion 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.

Elijah v. Elijah

Facts:

Plaintiff wife filed a suit for divorce from defendant husband on the grounds of willful desertion, constructive desertion, and cruelty. The husband demurred to the wife's amended bill of complaint, asserting the wife failed to state a cause of action for a divorce from bed and board on the ground of cruelty. The Circuit Court of Richmond, Virginia, sustained the demurrer. The wife appealed.

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:

  • Severe mental cruelty, accompanied by malice or actual menace, may be sufficient grounds for a divorce under Va. Code Ann. § 20-95. There may be cases in which the husband, without violence, actual or threatened, may render the marriage state impossible to be endured. There may be angry words, coarse and abusive language, humiliating insults, and annoyances in all the forms that malice can suggest, which may as effectually endanger life or health as personal violence, and which, therefore, will afford grounds for relief by the court.

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.

Monday, October 27, 2014

Divorce Attorneys Richmond Virginia Spousal Support

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.

Michael v. Michael

Facts:

In a domestic relations case, appellant husband challenged the Circuit Court of Richmond (Virginia) judgment awarding spousal support and attorney's fees to appellee 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:

  • Va. Code Ann. § 20-107.1 establishes the criteria to be used for the initial setting of spousal support and Va. Code Ann. § 20-109 applies to a modification of that award. The grounds for divorce listed in Va. Code Ann. § 20-91(A)(1) are adultery and sodomy or buggery committed outside the marriage. The plain language of Va. Code Ann. § 20-109(A), which indicates that a court may increase, decrease or terminate the amount of spousal support, presupposes the existence of a final award which is subject to later modification if the additional criteria of Va. Code Ann. § 20-109 are met. Adultery as referenced in Va. Code Ann. §§ 20-107(1), 20-91(1) can be committed only by a party prior to the dissolution of the marital relationship, while cohabitation as referenced in Va. Code Ann. § 20-109 refers only to the status of an unmarried person.

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.
Thursday, October 23, 2014

Desertion Divorce Attorneys Virginia Beach

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.

Willy v. Willy

Facts:

Plaintiff husband sought review of the decision of the Circuit Court of Virginia Beach, which dismissed the husband's complaint for divorce based on desertion as barred by res judicata as a previous decree of divorce held that the husband, not defendant wife, was guilty of desertion.

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:


  • The doctrine of res adjudicata applies as to all matters which existed at the time of giving the judgment or rendering the decree and which the plaintiff had the opportunity of bringing before the court.


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.

Divorce Attorneys Richmond Virginia Desertion Custody

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.

Terrance v. Terrance

Facts:

Complainant former wife appealed from a decree of the Circuit Court of Richmond, Virginia, which granted a divorce to respondent former husband on the ground of desertion and granted the husband custody of the couple's minor children.

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:

  •  An unrevoked agreement for separation under which the spouses are living apart precludes either from obtaining a divorce for desertion. The rule, as stated, contemplates that the agreement must be unrevoked, and that the spouses must be living apart under the agreement, and there are certain modifications of the rule stated, as, for instance, that where the cause of action had fully accrued at the time of the agreement, the rule would not apply, and where the sole purpose of the agreement is to adjust the property rights of the parties the legal consequences flowing from the prior desertion are not affected. It is also stated that when the agreement is obtained without the real concurrence of the other party, it does not operate as a bar to divorce on the ground of desertion. The general rule is admitted, and while the courts do not commit themselves to the exceptions or distinctions stated, they do think the circumstances of each case determine, and should determine, the action of the court in passing upon a particular case.

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.
Tuesday, September 16, 2014

Divorce Attorneys Richmond Virginia Equitable Distribution Code 20-107.3

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.
Hooper v. Hooper

Facts:

            Appellant former husband sought review of an order of the Circuit Court of Richmond (Virginia), which entered an equitable distribution award under Va. Code Ann. § 20-107.3 after 21 days elapsed from entry of the divorce decree and specifically reserved the right to retain jurisdiction to do so in the decree.

            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:

  • Though the issue as to the trial court's authority to reserve jurisdiction over equitable distribution matters after entry of divorce decree is not raised by either party, questions of jurisdiction may be raised at any time. Further, subject matter jurisdiction cannot be conferred as a result of either party failing to raise the issue...
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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