Tuesday, March 18, 2014

Divorce Attorneys Prince William Virginia Desertion Cruelty

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.

Johnson v. Johnson

Facts:

            Plaintiff wife filed a suit for divorce from defendant husband on the grounds of willful desertion, constructive desertion, and cruelty. The husband demurred to the wife's amended bill of complaint, asserting the wife failed to state a cause of action for a divorce from bed and board on the ground of cruelty. The Circuit Court of Prince William, Virginia, sustained the demurrer. The wife appealed.

            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:

  • While a demurrer does not admit the correctness of the pleading's conclusions of law, it admits the truth of all material facts that are properly pleaded, facts which are impliedly alleged, and facts which may be fairly and justly inferred. Thus, the sole question to be decided by the trial court is whether the facts thus pleaded, implied, and fairly and justly inferred are legally sufficient to state a cause of action against the defendant. In this context, a plaintiff challenging on appeal the sustaining of a defendant's demurrer by the trial court need only show that the trial court errs in finding that the pleading fails to state a cause of action, and not that the plaintiff would prevail on the merits of that cause.
  • Va. Code Ann. § 20-95 authorizes a decree of divorce from bed and board for cruelty, reasonable apprehension of bodily hurt, willful desertion or abandonment. In reality, there are only two grounds for a divorce from bed and board, desertion and cruelty, because cruelty and reasonable apprehension of bodily hurt are so closely related in the matter of proof and effect.
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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Prince William Virginia

Prince William 703-278-0405
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