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Williams v. Williams
Virginia Court of Appeals
415 S.E.2d 252 (1992)
Facts
In 1986, Ronald Lee Williams (defendant) and Maureen O’Keeffe Williams (plaintiff) married. The Williamses separated two years later. Maureen petitioned for a divorce decree based upon cruelty and constructive desertion. In response, Ronald denied the cruelty and constructive-desertion claims against him and alleged that Maureen had deserted him. Ronald later amended his complaint to add that Maureen had committed adultery, which provided a basis for a single-fault ground for divorce. Ronald’s adultery claim was based on the fact that Maureen had become pregnant shortly after the couple had separated. Maureen argued that Ronald did not provide evidence regarding the identify of the father and therefore could not establish adultery. The trial judge reviewed the evidence presented through depositions and held an ore tenus hearing. The trial judge then issued the divorce decree on a no-fault separation ground rather than on a single-fault adultery ground. The trial judge ordered Ronald to pay spousal support to Maureen, pursuant to VA. Code 20-107.1, and to pay for Maureen’s attorney’s fees. Ronald appealed.
Rule of Law
Issue
Holding and Reasoning (Bray, J.)
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