Legal Opinion

Kerns v. Kerns

Frederick County Circuit Court

Decided May 30, 1988No. Case No. (Chancery) 87-266Published

1Opinion of the Court

By JUDGE ROBERT K. WOLTZ

For decision is the question of temporary spousal support for complainant wife who has sued the defendant for divorce a mensa on the ground of constructive desertion. Issue is raised by motion of defendant to strike the complainant’s evidence on ore tenus hearing in support of her application for support. The basis for the motion is that both parties still live "under the same roof" at the marital abode. At the hearing the complainant presented only her own testimony together with an affidavit of income and expenses. Both parties are employed. Their 19-year-old…

2Cases cited3 opinions

  1. Petachenko v. PetachenkoSupreme Court of Virginia · 1986
  2. Tarr v. TarrSupreme Court of Virginia · 1945
  3. Carneal v. CarnealSupreme Court of Virginia · 1970

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