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Sargent v. Sargent

20 Va. App. 694 (1995)

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Sargent v. Sargent

Virginia Court of Appeals
20 Va. App. 694 (1995)

Facts

Gary Sargent (defendant) and Patricia Sargent (plaintiff) were married in March 1979. The couple had two children, born in 1981 and in 1985, named Dustin and Matthew. In July 1993, Patricia filed for divorce on the ground of cruelty. After filing for divorce, Patricia left the marital home on July 12, 1993. On July 26, 1993, Gary filed for divorce on the ground of desertion. In July 1994, the trial court granted Patricia a divorce on the ground of separation for more than one year, even though Patricia did not allege this ground for divorce in her pleadings. The trial court also awarded Patricia spousal support. Gary appealed.

Rule of Law

Issue

Holding and Reasoning (Fitzpatrick, J.)

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