Sunday, April 27, 2014
Divorce Attorneys Richmond Virginia Desertion 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.
Snow v. Snow
Facts:
Plaintiff wife filed a complaint against defendant
husband seeking a divorce on the grounds of cruelty and constructive desertion.
The Circuit Court of Richmond (Virginia) granted the wife a divorce on the
grounds of desertion and awarded her $ 4,000 per month in spousal support, an
equitable portion of the marital assets, $ 7,500 in attorney's fees, and $
3,000 in costs. The husband appealed and the wife cross-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:
- Desertion by a spouse
under Va. Code Ann. §§ 20-95 and 20-91(6) is defined as an actual breaking
off of the matrimonial cohabitation coupled with an intent to desert in
the mind of the deserting party.
- "Matrimonial
cohabitation" consists of more than sexual relations. It also imports
the continuing condition of living together and carrying out the mutual
responsibilities of the marital relationship.
- Although Va. Code Ann. §
20-107.3(G) limits the award a spouse can receive pursuant to the
equitable distribution of marital property, no language precludes that
property from being considered at a later time as income for purposes of
calculation of spousal support. The plain language of the statute mandates
consideration of all pensions, profit sharing or retirement plans in the
trial court's determination of 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.
Disclaimer:
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