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Divorce Lawyers In Prince William Virginia

If you are dealing with a divorce in Virginia or about to go through a divorce in Virginia, contact us for help.

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.

Smith v. Smith

Facts:

Both parties appealed from the decree of divorce entered in the Circuit Court, which granted defendant husband a divorce for desertion and ordered spousal support and a pension fund award to plaintiff wife. The husband appealed the financial provisions, and the wife appealed the finding of fault and the spousal support award.

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:
  • Where a wife leaves the marital home and alleges her leaving to have been caused by the misconduct of the husband who remains in the family residence, such misconduct must be proved to be so serious that it makes the marital relationship intolerable or unendurable. The duty of going forward with the evidence of justification rests upon the party who leaves, unless the justification appears from the testimony adduced by the remaining party. The judgment of the trial court is presumed correct, and will not be disturbed on appeal unless the record reveals that it is plainly wrong or without evidence to support it, pursuant to Va. Code Ann. § 8.01-680.
  • Va. Code Ann. § 20-107.1 deprives the trial court of jurisdiction to award spousal support to a spouse found at fault. It provides that any maintenance and support shall be subject to the limitations set forth in Va. Code Ann. § 20-109, and no permanent maintenance and support shall be awarded from a spouse if there exists in such spouse’s favor a ground of divorce under any provision of Va. Code Ann. § 20-91(1), (3), (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.

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.

A Sris
Sris Law Group
1-703-278-0405

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