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Entries Tagged as 'Domestic Relations'

No presumption that debt is marital in equitable distribution

April 15th, 2010 · Comments Off · Domestic Relations, Supreme Court of Virginia

When arriving at an equitable distribution of a couple’s property, it’s only logical to start with the presumption that assets and debts acquired or incurred during the marriage are marital rather than individual, right?
Logical perhaps, but the Supreme Court of Virginia says today that Virginia Code § 20-107.3 creates the presumption that assets are marital [...]

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One family law bill dies, another advances

February 22nd, 2010 · Comments Off · Domestic Relations, General Assembly

The Virginia Family Law Coalition won one and lost one today in the Senate Courts of Justice Committee.
House Bill 14 would have allowed a judge to draw an adverse inference if a party or witness refuses, on the ground of self-incrimination, to answer a question about adultery or certain other sexual crimes that remain on [...]

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‘Adverse inference’ bill alive, but barely

February 9th, 2010 · 1 Comment · Domestic Relations

A bill to allow divorce judges to assume the worst if a spouse takes the Fifth on questions about adultery has cleared a House committee by a single vote.
The measure, HB 14 , was passed by the House Courts of Justice Committee 49-48. It’s now in the hands of the Senate Courts committee, where senators [...]

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Termination of parental rights bills fail

February 2nd, 2010 · 1 Comment · Domestic Relations, General Assembly, Juvenile Law

Del. H. Morgan Griffith, R-Salem, and Del. David J. Toscano, D-Charlottesville, agreed that children can be kept in limbo far too long by proceedings to terminate parental rights.
But they had different approaches to reducing the delay. Griffith’s House Bill 292 would have put jurisdiction over terminations in circuit court, rather than in juvenile and domestic [...]

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College-kid child support bill killed

January 26th, 2010 · 1 Comment · Domestic Relations, General Assembly

Del. John M. O’Bannon III, R-Henrico, kicked up a lot of dust with a bill that would allow a judge to order child support for adult children up to age 23 if they are attending college.  The dust settled quickly, though, when O’Bannon allowed the bill to die in the House Courts of Justice Committee [...]

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Couple not reconciled by ‘accidental sex’

January 4th, 2010 · 4 Comments · Domestic Relations

Maybe it meant more to her than it did to him.
Or maybe Michelle Baba was just looking for a way to re-do the post-nuptial agreement she signed with Roberto Baba after the parties separated in May 2007.
The wife told Salem Circuit Court Judge Robert P. Doherty Jr. the parties had reconciled in November 2007. [...]

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‘If Tiger were MY husband, I’d…’

December 13th, 2009 · 1 Comment · Domestic Relations

For those tempted to finish this sentence with descriptions of quick departures or dismemberment, it might be enlightening to hear what a pair of experienced divorce lawyers would say to the bride of the Tiger.
Kristen and Charles Hofheimer of Virginia Beach have provided just such counsel in a blog post here, based on Virginia domestic [...]

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Custody for same-sex couple upheld

November 24th, 2009 · Comments Off · Custody, Domestic Relations, Virginia Court of Appeals

The Virginia Court of Appeals upheld today the enforcement of a custody order from North Carolina in favor of a male homosexual couple.
Both partners contributed sperm to artificially inseminate a Minnesota woman who agreed to be a surrogate mother.
The relatonship between the mother and the partners deteriorated, and a North Carolina judge resolved a custody [...]

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Jenkins wins sole custody in fallout from lesbian partnership

November 23rd, 2009 · Comments Off · Domestic Relations, lesbian

A Vermont judge has ruled in favor of the non-biological mother in a two-state battle arising from a same-sex partnership, reports the Rutland Herald .
The dispute between Janet Jenkins of Vermont and Lisa Miller of Virginia has played out in courtrooms of both states for several years.  The couple split in 2003 and have fought [...]

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Husband owes on wife’s college loans

October 21st, 2009 · 1 Comment · Court of Appeals, Domestic Relations, equitable distribution

Although a wife didn’t earn income on her college degree until after the parties separated, she used her college loans for living expenses, and the Court of Appeals agrees husband must pay $11,000 of her college loan debt.
Yesterday an appellate panel upheld a Montgomery County divorce court’s property split that gave the wife equity in [...]

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