Lisann v. Lisann

Holding

The Court of Appeals disposition in this case, that a divorce may be granted pursuant to Code § 20-91(A)(9) without either party demonstrating an intent to permanently live separate and apart throughout the statutory period of separation — and that the intent to permanently separate need only exist at the very beginning of the separation period — is rejected. The intent to permanently separate must predominate throughout the statutory period. Such intent can be factually inferred, but it cannot be deemed legally irrelevant. Though the reasoning of the Court of Appeals is rejected in this case, the trial court’s judgment is affirmed, because the record supports the presumption that the court used the correct standard when reviewing the evidence at trial.