Virginia Lawyers Weekly VA Lawyers Weekly

Where plaintiffs’ complaint against individual defendants in this adoption case arises from the Shenandoah County Department of Social Services alleged failure to share all relevant information about the child with the adoptive parents, the court sustains the demurrers of two ...

Tagged with: Family Law Judge William F. Sharp Virginia Circuit Courts Winchester Circuit Court

Although a circuit court retains jurisdiction to correct or clarify a pension distribution order after Rule 1:1’s 21-day period, the court lacks jurisdiction “to change the substance of the original division of property.” As a result, where the property distribution ...

Tagged with: Domestic Relations Justice William C. Mims Supreme Court of Virginia

Under the unusual facts of this case, where the trial court made a clear legal error in awarding husband 100 percent of the marital share of wife’s military pension, the rules pertaining to a bill of review provided the court ...

Tagged with: Domestic Relations Judge Wesley G. Russell Jr. Virginia Court of Appeals

Where the circuit court precluded mother from testifying in her case-in-chief at a custody hearing because, in response to father’s interrogatories, she did not identify herself as a potential witness and describe her anticipated testimony, her failure to provide the ...

Tagged with: Domestic Relations Judge Wesley G. Russell Jr. Virginia Court of Appeals

Appellee father was correctly awarded primary physical custody of the parties’ child based on, among other things, his ability to provide the child with a “stable living situation.” Further, the parties’ premarital agreement precludes an attorney’s fee award to appellant ...

Tagged with: Domestic Relations Judge Mary Grace O'Brien Virginia Court of Appeals

The circuit court did not abuse its discretion by awarding the parties joint legal custody of their minor child even though even though a protective order forbids contact between the parties. Further, the joint legal custody order was in the ...

Tagged with: Domestic Relations Judge Mary Grace O'Brien Virginia Court of Appeals

Where the court awarded a 50-50 custody period followed by mother having primary physical custody once the child entered first grade, there was no abuse of discretion. A custody decision can be based on future events “so long as the ...

Tagged with: Domestic Relations Judge Wesley G. Russell Jr. Virginia Court of Appeals

Where the parties’ first marital home was purchased, in part, with husband’s separate property, and proceeds from the home’s sale were used to purchase another marital home, in which improvements were made using husband’s separate property, the court correctly calculated ...

Tagged with: Domestic Relations Judge Marla Graff Decker Virginia Court of Appeals

Where husband made a payment to wife that was not required by their child and spousal support agreement, the payment should have been credited against husband’s past-due spousal and child support payments. Background After wife filed for divorce, the parties ...

Tagged with: Domestic Relations Judge Richard Y. AtLee Jr. Virginia Court of Appeals

The Virginia Code does not prevent a court from retroactively modifying a temporary spousal support award. Facts Tawes sued to divorce her husband, Everett, and moved for temporary spousal support and a pendente lite hearing on the matter. The trial ...

Tagged with: Domestic Relations Justice S. Bernard Goodwyn Supreme Court of Virginia