Divorce Adultery Virginia Alexandria Spousal Support Equitable Distribution Child Custody Support Visitation Attorneys Fees 20-91(A)(1) Separation

by admin on July 16, 2010

Moulin v. Moulin

CIRCUIT COURT OF THE CITY OF ALEXANDRIA, VIRGINIA

April 5, 2007, Decided

Issues of custody, child support and visitation have previously been adjudicated in the Juvenile and Domestic Relations District Court for the City of Alexandria.  The parties last cohabited as husband and wife in Alexandria, Virginia.  The parties separated on March 24, 2006, and it was the intent of at least one of the parties that the separation would be permanent.  Since March 24, 2006, the parties have lived separate and apart without cohabitation and without any interruption for more than one year and there is no hope or possibility of reconciliation.  The Plaintiff, Kristen Lewis Moulin, seeks a divorce based on a one year separation pursuant to VA Code § 20-91(A)(9)(a).  The Defendant, Matthew John Moulin, asks that he be awarded a divorce on the ground of adultery, pursuant to § 20-91(A)(1) of the Code of Virginia.

This cause came before the Court for a hearing on the issues of divorce, equitable distribution, spousal support, and attorney’s fees.

To establish a charge of adultery the evidence must be clear, positive, and convincing.  Strongly suspicious circumstances are insufficient.  Care and circumspection should accompany consideration of the evidence.  While the evidence presented by Mr. Moulin certainly raises a suspicion as to whether Ms. Moulin was committing adultery during the parties’ marriage and separation, considerable, or even strong suspicion of adultery, is not enough.  After considering the statutory factors and based on the evidence presented, the court found that a fifty-fifty (50/50) allocation of the marital assets and debts is appropriate.  Having considered all of the factors set forth in § 20-107.1 of the Code of Virginia, particularly the obligations, needs and financial resources of the parties, the standard of living established during the marriage, the contributions, monetary and nonmonetary, of each party to the well-being of the family, the equitable distribution made above, the decisions regarding career and employment, as well as parenting arrangements made during the marriage, the extent to which each party contributed to the other’s career, and the duration of the marriage, the Court found that an award of $ 450.00 per month for four years is the appropriate award of spousal support. The Court ordered Ms. Moulin to pay this sum to Mr. Moulin on the first day of each month.

A divorce based upon one-year separation was granted.  Among other orders, the husband was awarded $ 450 per month for four years for spousal support.  Each party was to bear the cost of his or her own attorney’s fees.  Each party was awarded fifty percent of the marital share of a 401(K) plan titled in the wife’s name, and each party was awarded fifty percent of the marital share of an employee stock ownership plan titled in the wife’s name.

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.


About the Author:
The SRIS Law Group Virginia divorce lawyers assist clients with divorce & child custody issues in Virginia.
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Nicola@how to get a divorce April 8, 2011 at 5:02 pm

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