Tuesday, March 18, 2014
Divorce Attorneys Fairfax Virginia Marital Separation Agreement
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.
Flyer v. Flyer
Facts:
The husband and wife separated in Fairfax. They then
entered into a marital separation agreement. A final divorce decree was later
entered. The agreement provided that the husband would maintain the wife as an
employee of the marital business for a certain time period. The wife, in the
first case, filed a petition for a rule to show cause against the husband, and
alleged that he had violated the terms of their final decree by failing to keep
her as an employee for the requisite length of time. In the second case, the
wife filed a motion for judgment and alleged the husband's breach of the
separation agreement. The husband filed a counterclaim and explained he had
bought out the wife's interest in the business, as he was permitted to do under
the clear language of the agreement. The trial court dismissed the wife's
petition for rule to show cause and her motion for judgment. She did not timely
appeal from the motion for judgment. On appeal, the appellate court found that
the wife's failure to timely appeal the motion for judgment meant that appeal
had to be dismissed and since the issue in that appeal was dispositive of the
appeal in the petition for rule case, that ruling was affirmed.
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 time requirement for
the filing of a notice of appeal is jurisdictional. The filing forestalls
the finality of the appealed adjudication, notifies the appellee that he
cannot rest on his victory, and initiates the time frame of the case in
the appellate court. The time requirement for filing is mandatory, and
failure of an appellant to file a notice of appeal timely requires
dismissal of the appeal. A
final order is one which disposes of the whole subject, gives all the
relief that is contemplated, and leaves nothing to be done by the court.
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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