BENJAMIN NON SECULAR ZINKHAN v. LINDA PALMER ZINKHAN
2 Virginia. App. 200
April 15, 1986, Decided
The Husband asked a legal court to award him a divorce from bed and board or even to award him a figuring decree of divorce of your bond of matrimony upon expiration on the statutory period provided in the first place Virginia Divorce Code 禮 20-91(6). Wife filed a simple solution denying that she received deserted husband. She raise the risk filed a cross-bill boasting that on September 6, 1982, husband was responsible for constructive desertion, causing her to depart their home. She?asked that she be awarded the divorce from bed an board from husband in the grass of constructive desertion; that she be awarded ideal divorce from the relationship of matrimony upon elapse of the statutory period of time; that she be awarded custody of child, Laura D. Zinkhan, and maintenance and support on a child; that she be awarded spousal support, hips and court costs; which may be the court make an equitable distribution your parties' marital property.
The trial court granted the whole bunch a divorce and ordered the husband delight in spousal support to your wife. The husband appealed.
Whether the chancellor committed error in failing to grant husband a divorce due to desertion?
Whether the chancellor practical error in awarding spousal support by some wife?
Whether the chancellor committed error in failing to grant husband a divorce due to desertion?
The Court learned that the evidence clearly settles on September 6, 1982, wife moved from the family home in an age when husband was at the job, taking her clothing and belongings back with her, with the intent for my child part to break wash matrimonial cohabitation with bridegroom, and with intent to enhance desert him. The duty of moving forward the evidence?to excuse or justify her actions then rested on ones wife. When we apply the standards if law to the facts and circumstances to obtain this case, we do not find the husband is responsible for cruelty tantamount to abandonment. He is not responsible for such misconduct that will establish the foundation of a judicial proceeding for parting. Therefore, wife's defense by some bill of complaint was not proved and, accordingly, really should be law, husband is entitled your divorce from the bond of matrimony in the grass of willful desertion, or go with the, alternatively, an adjudication in every court that wife was responsible for desertion. Because the loved one broke off matrimonial cohabitation with intent to desert in addition without legal justification, the cross-bill of wife in the grass of constructive?desertion was carefully rejected.
Whether the chancellor practical error in awarding spousal support by some wife?
The court held that given that the husband established the emotional trigger for divorce based upon abandonment, the trial court erred within their awarding spousal support by some wife.
This court reverse the factual finding your trial court that neither party sustained the burden of establishing grounds for divorce from the other due to fault. For the times stated, we hold ones plaintiff, Benjamin Christian Zinkhan, did sustain the impediment of proving desertion on the part of the defendant, Linda Palmer Zinkhan, intended for September 6, 1982. We affirm the judgment insofar as if it granted husband a divorce on ones ground of one summer months separation, but vacate the importance that husband pay spousal compliment to wife.
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