Friday, August 22, 2014
Divorce Attorneys Richmond Virginia Equitable Distribution
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.
Tommy v. Tommy
Facts:
Appellee husband filed for divorce against appellant wife
while living in a foreign country during appellee's employment. Prior to trial,
appellee took a voluntary nonsuit but later filed for divorce once appellee
returned home in Richmond.
Appellant wife filed a motion to dismiss but the trial court ruled that
provisions restricting venue were not generally applicable to bar a divorce
suit under state law. Appellant objected to entry of a final divorce decree
which did not decide the property issues and argued that bifurcating the
distribution of marital property from the divorce decision violated the plain
language of Va. Code Ann. § 20-107.3(A). The court rejected appellant's claim
that Va. Code Ann. § 8.01-380, restricted appellee from bringing a suit for
divorce in the state because appellee had previously filed and nonsuited the
same cause of action in a foreign jurisdiction. The court held that the trial
court did err by granting the husband a final divorce and attempting to retain
jurisdiction to later adjudicate the equitable distribution issues without
having a joint motion of the parties and making a finding of clear necessity
due to the complexity of the property issues.
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:
- A party is not allowed a
nonsuit where an adverse party has cross filed a claim in the litigation
which cannot be independently adjudicated. A Virginia claimant may nonsuit
his cause anytime prior to the submission of the cause for a ruling or
determination by the trial court or finder of fact which will dispose of
the case on its merits. The effect of a nonsuit in Virginia is simply to
put an end to the present proceedings without prejudicing the claimant in
bringing a subsequent suit on the same cause of action.
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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