## Facts

- Assel Ibrayeva (wife) entered the United States on a valid visa in 2003.
- In 2007, wife met Andrei J. Kublan (husband), an attorney, when he represented her in immigration court.
- Wife requested voluntary departure, and the immigration court ordered her to leave the United States within 120 days.
- Before the 120-day period expired, wife and husband married.
- After the marriage, husband filed a petition for an alien relative to allow wife to remain in the United States.
- The parties had one child during the marriage.
- During the marriage, wife was arrested in March 2008 and May 2009 for assault and battery against husband.
- In November 2010, the parties learned the petition for an alien relative was denied.
- Wife again sought voluntary departure, which was granted in December 2010.
- In January 2011, wife was arrested again for assault and battery against husband, and the parties separated.
- In March 2011, husband filed for divorce in the Circuit Court of Fairfax County, seeking an absolute divorce on the ground of cruelty.
- In October 2011, the circuit court denied wife’s motion to set aside a premarital agreement, leaving equitable distribution and spousal support to be handled under the agreement.
- In December 2011, the circuit court entered a custody-and-visitation order granting husband custody and granting wife visitation.
- In February 2012, the circuit court heard evidence on the divorce ground, including testimony about wife’s alleged physical abuse of husband and incidents resulting in her arrests.
- Wife opposed a divorce on the ground of cruelty, arguing that such a finding would likely affect her immigration status and increase the risk of deportation.
- The circuit court entered a final decree granting husband a divorce *a vinculo matrimonii* on the ground of cruelty.
- Wife appealed, challenging (1) the sufficiency of the evidence of cruelty and (2) the adequacy of corroboration.

## Issues

1. Whether the circuit court erred in granting an absolute divorce on the ground of cruelty because the evidence was insufficient.
2. Whether the circuit court erred because the cruelty ground was not adequately corroborated by evidence independent of the parties’ testimony.

## Decision

- The Court of Appeals of Virginia denied husband’s motion to dismiss the appeal but summarily affirmed the final decree under Rule 5A:27.
- Viewing the evidence in the light most favorable to husband as the prevailing party, the court held there was credible evidence supporting the circuit court’s finding of cruelty.
- The court held the cruelty evidence was sufficiently corroborated by independent evidence in the record, including evidence tied to wife’s arrests and related circumstances.
- The court considered only the issues stated in wife’s assignments of error under Rule 5A:20(c) and declined to address other matters discussed in her brief.
- The court confined review to the record developed in the circuit court and did not consider materials outside that record.

## Legal Principles

- On appeal, the evidence is viewed in the light most favorable to the prevailing party, with that party receiving the benefit of reasonable inferences; the trial court’s factfinding and credibility determinations are not reversed unless plainly wrong or without evidentiary support.
- “Cruelty” as a fault ground for an absolute divorce may be established by physical violence or conduct creating a reasonable apprehension of bodily harm or making cohabitation unsafe; repeated physical assaults may satisfy this standard.
- Virginia requires corroboration of divorce grounds; the requirement is aimed at preventing collusive divorces, and corroboration need not be extensive and may be supplied by circumstantial or documentary evidence rather than eyewitness testimony to each event.
- Appellate review is limited to the assignments of error; arguments not included in the assignments of error are not considered.
- An appellate court does not consider matters outside the trial-court record.
- Rule 5A:27 allows summary affirmance when the appeal presents no reversible error.

## Conclusion

The Court of Appeals of Virginia summarily affirmed the circuit court’s final decree granting husband an absolute divorce on the ground of cruelty, holding that credible evidence supported the cruelty finding and that the record contained adequate independent corroboration, while limiting review to the assignments of error and the evidence admitted below.


Ibrayeva v. Kublan, 2012 WL 6114971 (2012)