Grounds For Divorce In Virginia Lawyers Separation Code 20-91 Fairfax Richmond Beach Loudoun Prince William

Grounds For Divorce In Virginia?

What are the Grounds For A Divorce In Virginia?

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.

Campbell v. Campbell

Facts:

The husband in this divorce suit in Fairfax was sentenced to the penitentiary for statutory rape in the early 1950′s. In 1967, he was re-incarcerated for a parole violation. The evidence, duly corroborated as required by Va. Code § 20-91(9), established the existence of the ground for divorce asserted. The court stated that when the legislature reduced the separation period between spouses to a period of two years, then in the repeal of the two-year fugitive provision, its intent became clear that this type of separation was to be includable as a separation contemplated under Va. Code § 20-91(9) which served as grounds for divorce. Therefore, no policy ground existed for not also so including a separation of the required physical characteristics which was occasioned by the culpability of the husband resulting in his reincarceration for a serious criminal offense for which he was convicted and sentenced, albeit before marriage and with the knowledge of his wife.

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

Grounds For Divorce In Virginia Lawyers Separation Code 20-91

Grounds For Divorce In Virginia Lawyers Separation Code 20-91

Holdings:

The Virginia Court made the following holding:
  • Va. Code § 20-91(9) (1950) in part provides: A divorce from the bond of matrimony may be decreed: 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 two years. A plea of res judicata or recrimination with respect to other provisions of this section shall not be a bar to either party obtaining a divorce on this ground. The second marital separation classification is where the separation results from the joint act of the parties. This is typically where the spouses, for any number of reasons but neither will legally justifiable reason, separate by mutual agreement. Though formerly this situation would not, on grounds of policy, admit of divorce, it is one typical of those in which by the change of policy effected by Va. Code § 20-91(9), the legislature now permits terminating marriages in law which have ceased to exist in fact. Va. Code § 20-91(3) provides divorce on the ground of sentence subsequent to the marriage to confinement in a penitentiary of the State of Virginia, of any other state of the United States or of the United States, but apparently, the infamy involved is the predominant consideration in such cases and the separation at most a secondary matter as no period of separation which might result is specified, though one year is the minimum for penitentiary sentences in Virginia. Further, an equivalent sentence to jail, as opposed to penitentiary sentence, of 12 months for a misdemeanor is permissible in the State of Virginia, and perhaps sentences of less than a year to penitentiaries of the other named jurisdictions are permissible.

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.

Some of the courts we cover in Virginia:

Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road
Fairfax, VA 22030
400 North Ninth Street
John Marshall Courts Building
Richmond, VA 23219
Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road
Fairfax, VA 22030
920 Hull Street, Northside
Richmond, VA 23224-4070
Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road
Fairfax, VA 22030-4020
Oliver Hill Courts Building
1600 Oliver Hill WaySuite C181
Richmond, VA 23219-1214
Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue
Manassas, VA 20110
P. O. Box 55018 E. Market St., 3rd floor
Leesburg, VA 20178
Prince William General District Court Loudoun General District Court
9311 Lee Avenue
Manassas, VA 20110-5586
18 East Market Street
Leesburg, VA 20176
Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue
Manassas, VA 20110-5555
18 East Market Street
Leesburg, VA 20176

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.

We also cover the following courts in Virginia:

Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10 A Municipal Center
Virginia Beach, VA 23456

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.