Virginia Fairfax Divorce Attorney Decree Alimony Property Settlement Agreement


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Virginia Fairfax Divorce Attorney Decree Alimony Property Settlement Agreement

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

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:

Appellant former husband sought review of an order of the Circuit Court in Fairfax (Virginia), which held him in contempt and sentenced him to six months on the state road service for his failure to comply with the provisions of a decree of divorce from appellee former wife.

If you are facing a divorce case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Virginia Fairfax Divorce Attorney Decree Alimony Property Settlement Agreement
Virginia Fairfax Divorce Attorney Decree Alimony Property Settlement Agreement

Holdings:

The Virginia Court made the following holding:
  • A decree of court, entered in a divorce suit, approving a contract between the parties for payments in lieu of alimony and for the settlement of property rights is not a decree for alimony, and the court has no jurisdiction in the divorce suit to enforce compliance with the contract.
  • A decree approving a property settlement agreement, unlike a decree for alimony, is not a lien upon the real estate of the husband, nor can it, like alimony, be enforced in a divorce suit.
  • When an agreement settling marital and property rights is confirmed and made a part of the divorce decree but the decree does not expressly order the husband to comply with the agreement, it is not a decree for the payment of alimony and a failure to perform the obligations under the agreement does not constitute a sufficient basis to hold the husband in contempt.

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

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.

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020.

Article written by A Sris

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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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