Virginia Lawyers Weekly VA Lawyers Weekly

Where appellee revoked a trust, of which two of her children were trustees, and a New York guardianship court found that appellee was not an incapacitated person, the Fairfax Circuit Court incorrectly ruled that the New York proceeding collaterally estopped ...

Tagged with: Justice S. Bernard Goodwyn Supreme Court of Virginia Wills & Trusts

Where the trial court awarded wife a lump sum spousal support award equal to the secured debt obligations encumbering the marital home, the award is upheld based on special circumstances and compelling need. Background When the parties separated, two of ...

Tagged with: Domestic Relations Judge Clifford L. Athey Jr. Virginia Court of Appeals

Where the trial court considered the parties’ incomes when apportioning the marital debt, this was a proper consideration under the “catch all” provision of Code § 20-107.3(E). Further, there was no error in the trial court’s methodology for determining wife’s ...

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

Where the JDR court’s visitation ruling specified only “reasonable visitation” for father, the circuit court properly imposed a specific visitation schedule. The court had the authority to do so despite striking father’s evidence concerning changed circumstances. Further, despite mother’s contrary ...

Tagged with: Family Law Judge Robert J. Humphreys Virginia Court of Appeals

Wife’s demurrer to cruelty and constructive desertion claims in husband’s amended counterclaim is sustained with prejudice because there is “insufficient detail” to specifically inform her of the complained-of conduct. Overview Wife sued for divorce on grounds of adultery and desertion. ...

Tagged with: Domestic Relations Judge James P. Fisher Loudon County Circuit Court Virginia Circuit Courts

Where the divorcing parties each seek attorneys’ fees from the other, the court provides the guidelines and considerations it uses to determine whether to shift attorneys’ fees and whether a fee request is reasonable. Discussion “[T]here is little authority to ...

Tagged with: Domestic Relations Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

Where this court previously ruled that husband could not assert his Fifth Amendment privilege in response to wife’s interrogatories, requests for documents and requests for admissions related to his alleged adultery, the court affirms its previous order and declines to ...

Tagged with: Domestic Relations Judge James P. Fisher Loudon County Circuit Court Virginia Circuit Courts

The court grants husband’s motion to dismiss wife’s divorce complaint based on evidence of wife’s condonation and resumption of cohabitation, even though husband cannot “precisely identify and disclose with particularity and detail each and every act of adultery.” Overview “On ...

Tagged with: Domestic Relations Judge K. Mike Fleenor Jr. Montgomery County Circuit Court Virginia Circuit Courts

The trial court correctly ruled that wife became solely liable for mortgage payments on the former marital home on a date specified by the “clear and unambiguous” terms of the parties’ property settlement. Further, the court properly ordered wife to ...

Tagged with: Domestic Relations Judge Glen A. Huff Virginia Court of Appeals

Where the trial court denied husband’s motion to allow late responsive pleadings to wife’s divorce complaint, the issue cannot be reviewed because husband did not provide a complete record for his appeal. Further, the trial court correctly awarded husband a ...

Tagged with: Domestic Relations Judge Randolph A. Beales Virginia Court of Appeals