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Virginia Divorce Fairfax Abandonment Law

If you are dealing with a divorce in Virginia or about to go through a divorce in Virginia, contact us for help.

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.

Darwin v. Darwin

Facts:

The wife sought a divorce from the husband on the ground of wilful and long continued abandonment and desertion as stated by the law. The husband did not appear. The lower court refused to award a divorce, and the wife appealed. The court reversed the judgment, holding that: (1) courts had to consider the testimony in an uncontested application for a divorce with the most painstaking and scrupulous care, and relief would be denied if there was collusion or consent; and (2) the evidence of the wife and the witnesses that the husband was a drunk, that he did not contribute to the support of the wife and their children, that he had been absent without detaining cause for about 12 years, and that the conduct of the wife afforded no cause for the husband’s action was sufficient to establish the allegation of wilful abandonment and desertion, and entitled the wife to a divorce a vinculo matrimonii and custody of the children.

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 policy of the law is against divorce by consent, and if the sanctity of the marriage tie is to be preserved and divorces by consent prevented, full and satisfactory evidence should be required, so that the court may determine the legal questions involved from the facts presented, and a decree for an absolute divorce for desertion should not be granted unless the evidence proves wilful desertion without justification or excuse.
  • Where the uncontradicted evidence shows that, without adequate cause, the husband abandoned his wife, with the declared purpose of not returning to her, and that during that time he has not cohabited with her, has had no communication, has made no effort to have her resume marital relations, and has contributed nothing to her support, the facts constitute such proof of desertion as entitle the wife to a decree of divorce from the bond of matrimony.

If you are dealing with a divorce in Virginia or about to go through a divorce in Virginia, contact us for help.

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.

A Sris
Sris Law Group
1-703-278-0405

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