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Virginia Mensa-et-thoro Grounds Cruelty Divorce Lawyers Attorneys

by

Atchuthan Sriskandarajah

MAMIE F. FULTON v. ROBERT R. FULTON

Supreme Court of Virginia

January 21, 1952

Facts:

Appellee, the husband, instituted a suit against his wife, appellant, for divorce a vinculo matrimonii on the grounds of adultery. Appellant filed an answer and cross-bill denying the

adultery

and prayed for a divorce a mensa et thoro on the ground of cruelty. The proof of appellant’s adultery was by an eyewitness, corroborated by conduct of the participants. The trial court granted appellee an absolute divorce. Appellant wife sought review of the judgment, which, after dismissing her cross-bill praying for a divorce a mensa et thoro on the ground of cruelty, granted appellee husband a divorce a vinculo matrimonii. Appellant contended without merit that the decree of divorce was contrary to the law and the evidence. In Virginia adultery in a suit for divorce must be proven by evidence sufficient to lead the guarded discretion of a reasonable and just man to the conclusion of guilt.

Issues:

Whether the granting of a divorce a vinculo on the ground of adultery was contrary to the law and evidence?

Whether the dismissal of defendant’s cross-bill and refusal to grant a divorce a mensa on the ground of cruelty was contrary to the law and evidence.

Discussion:

The Court held the wife’s arguments without merit. The evidence showed that shortly after arriving at a her sister-in-law’s house, the wife gave her alleged lover a drink of

whiskey

out of a bottle she had in her purse, that she hugged and kissed the man, and that the wife and the man soon left the house for the place where the witness saw them. The corroboration came almost wholly from witnesses who were brothers and sisters-in-law of the wife and showed conduct on the part of the wife that strengthened and gave support to the witness’s direct testimony. When the combined facts and circumstances, including the explanations offered by the wife, were considered from the standpoint of common human experience, the charge of adultery was proven.

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

Atchuthan Sriskandarajah is a

Virginia lawyer

and owner of the SRIS Law Group. The SRIS Law Group has offices in Virginia, Maryland, Massachusetts, New York, North Carolina & California. The firm handles criminal/traffic defense, family law, immigration & bankruptcy cases.

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