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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