Eric Lisann v. Elizabeth Lisann

Richmond, Virginia family law lawyers represented the parties in a divorce.



The wife filed for divorce in October 2019, alleging the ground of having lived separate and apart since July 14, 2014. In the divorce complaint, the wife alleged that "[a]t least one of the parties has intended to live separate and apart for at least one year and that their intent has remained constant for at least one year." R. at 2 (emphasis added). The husband filed a counterclaim for divorce, alleging the grounds of adultery and desertion and that the parties' separation date was December 24, 2018.



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Legal issue Must the intent to permanently separate predominate throughout the statutory period for a no-fault divorce under Virginia's Code § 20-91(A)(9)?

Headnote



FAMILY LAW. DIVORCE – INTENT TO SEPARATE. The case examines whether the intent to permanently live separate and apart must persist throughout the statutory separation period for a no-fault divorce under Code § 20-91(A)(9), as opposed to being necessary only at the start of the separation period. The Supreme Court of Virginia determined that the intended separation must predominate throughout the statutory period, overturning the Court of Appeals' decision, which held it need only exist at the separation's commencement.



Key Phrases Supreme Court of Virginia. Intent to permanently separate. Statutory period of separation. No-fault divorce. Court of Appeals.

Affirmed