Virginia Fairfax Divorce Attorneys Spousal Support Jurisdiction


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Virginia Fairfax Divorce Attorneys Spousal Support Jurisdiction

Marker v. Marker

Facts:

The Circuit Court of the Fairfax (Virginia) dismissed appellee wife’s bill of complaint and appellant husband’s cross-bill, explaining that the parties copulated during the pendency of the proceedings thereby destroying its jurisdiction to continue with the case, and it ordered the husband to continue payment of spousal support pending further order. The husband appealed

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 Attorneys Spousal Support Jurisdiction
Virginia Fairfax Divorce Attorneys Spousal Support Jurisdiction

Holdings:

The Virginia Court made the following holding:
  • Va. Code Ann. § 20-95 provides that a divorce from bed and board may be decreed for willful desertion or abandonment. Va. Code Ann. § 20-91(6) provides for a divorce from the bond of matrimony on the same ground after a period of one year from the date of the desertion or abandonment. Under § 20-95, unlike § 20-91(6), no specific period is prescribed during which the desertion must continue to entitle a party to a divorce from bed and board. In the context of both these provisions, desertion is a breach of matrimonial duty — an actual breaking off of the matrimonial cohabitation coupled with an intent to desert in the mind of the deserting party. Once separation and intent to desert are established, the desertion is presumed to continue until the contrary is shown.
  • The jurisdiction of a trial court to adjudicate a divorce proceeding is not destroyed by conduct of the parties that might require dismissal of the bill or cross-bill. Rather, jurisdiction remains in the court to grant or refuse the requested relief in view of the facts as shown by the evidence.

The SRIS Law Group Virginia lawyers will do their best to help you with your divorce case. Contact a Virginia lawyer from our firm to discuss your divorce case.

A Virginia lawyer from our firm will talk with you about your divorce case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

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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