Divorce Lawyers In Henrico Virginia

Va. Code Ann. § 20-91 states as follows

Grounds for divorce from bond of matrimony; contents of decree

“A. A divorce from the bond of matrimony may be decreed:

(1) For adultery; or for sodomy or buggery committed outside the marriage;…

…(6) Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act; or…

…(9) (a) 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 one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months….”

Below is a sample case of a fault divorce in Virginia as interpreted by a lawyer in our firm.

Divorce Lawyers In Henrico Virginia

If you are going through a divorce in Virginia on fault grounds such as adultery cruelty desertion or about to go through a fault divorce in Virginia, contact us for help.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Our law firm has the necessary experience to assist you with this matter.  We will do our absolute best to help you get the best result possible based on the facts of your case.

Rodriguez v. Rodriguez

Facts:

The wife sought a divorce from the husband on the ground of cruelty in Henrico. The husband filed a cross-action seeking divorce on the ground of desertion. The trial court granted the husband the divorce and refused to award the wife alimony. The court reversed the ruling and granted neither party a divorce because no grounds were proven. The court found that the parties’ testimony on the issue of cruelty was uncorroborated, with both parties testifying on their own version of certain events. There was also no showing of immorality or adultery. As for desertion, the court held that the fact that the couple slept in separate bedrooms did not constitute constructive desertion absent a clear refusal to have sexual relations. Also, there was no desertion when the wife took a trip just before the process of the divorce action was served on the husband. Finally, an alleged attempt by the wife to shoot the husband after the divorce action began was not grounds for divorce because the action relied on for the divorce had to have been alleged and proved to have occurred prior to the action.

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:
  • The absenting of one spouse from the other after the institution and during the pendency of a suit for a divorce is not desertion in law and it is not an act upon which a suit for desertion may be predicated. Indeed, in many cases it is highly proper that such physical separation should be, and under many circumstances it is commendable. The act relied upon for divorce must be alleged and proved to have occurred prior to the bringing of the suit, not based upon some act or conduct alleged to have taken place during its pendency.

If you are going through a divorce in Virginia on fault grounds, such as adultery, cruelty and/or desertion or about to go through a fault divorce in Virginia, contact us for help.

Divorce Lawyers In Henrico Virginia

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Our law firm has the necessary experience to assist you with this matter.  We will do our absolute best to help you get the best result possible based on the facts of your case.