Thursday, April 3, 2014
Divorce Attorneys Richmond Virginia Cruelty 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.
Potter v. Potter
Facts:
The husband filed suit for a divorce on grounds of
cruelty and desertion in Richmond. The trial court granted a divorce without
stating the grounds therefor. On appeal, the court held that the preponderance
of the evidence failed to support the husband's allegations of cruelty. Thus,
the primary question was whether the husband was entitled to a divorce on the
ground of constructive desertion as a result of the wife's refusal to cohabit with
him. The court held that a wife's willful withdrawal of the privilege of sexual
intercourse did not constitute constructive desertion in the Commonwealth of
Virginia unless it was accompanied by a willful breach and neglect of other
marital duties. At the time that the suit was filed, the wife was cooking and
washing for the husband, and the couple was having their meals at the same
table. Thus, the court concluded that a constructive desertion had not occurred
because the wife was still performing her marital duties.
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 Virginia , the
willful withdrawal of the privilege of sexual intercourse, without just
cause or excuse, constitutes willful desertion, within the meaning of such
statutes on the subject as that in Virginia , when such withdrawal is
accompanied with such willful breach and neglect of other marital duties
as to practically destroy home life in every true sense, and to render the
marriage state well nigh intolerable and impossible to be endured. Such
conduct, on the part either of husband or wife, is considered to be a
general withdrawal from the duties of the marital relationship; and, if
willfully done, without just cause or excuse, this, by the great weight of
authority, constitutes willful 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.
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