Sunday, April 13, 2014
Divorce Attorneys Richmond Virginia Separation
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.
Neil v. Neil
Facts:
The wife was committed to a mental hospital in Richmond,
and as a result, the parties lived separate and apart for more than two years.
The husband filed a complaint for divorce citing Va. Code § 20-91(9) as
grounds. The trial court granted the divorce and the wife, her guardian ad
litem, and committee appealed. On appeal, the court reversed and dismissed the
action for divorce, finding that the two year separation contemplated by Va.
Code § 20-91(9) did not apply to a situation where the separation was due to
the mental incompetence of one of the parties. The court found that by allowing
a divorce in that situation, it impliedly made mental incompetence a ground for
divorce. The court found that the separation contemplated by Va. Code §
20-91(9) was required to be of parties who were sufficiently competent to be
conscious of the fact that the act of separation had occurred. The court found
that because the wife was mentally incompetent she was not capable of knowing
that the separation had occurred.
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 § 20-91(9)
provides that a divorce from the bond of matrimony may be decreed on the
application of either party if and when the husband and wife have lived
separate and apart without any cohabitation and without interruption for
two years. A plea of res adjudicata or of recrimination with respect to
any other provision of this section shall not be a bar to either party
obtaining a divorce on this ground. The separation contemplated by Va.
Code § 20-91(9) must be of parties who are sufficiently competent to be
conscious of the fact that the act of separation has occurred.
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:
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