Virginia Lawyers Weekly VA Lawyers Weekly

The circuit court correctly removed two brothers as co-executors of their mother’s estate and replaced them with a disinterested third party. The “strife and conflict between the brothers[,]” resulting in their inability to agree on even the most trivial matters ...

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

A suit to impeach a will remains pending because the will contestant has standing to bring the suit. Her signature on a release, which appellant argues is an accord and satisfaction, does not bar the suit because the trial court ...

Tagged with: Supreme Court of Virginia Wills & Trusts

Where wife counterclaimed for a divorce on grounds of adultery, husband’s alleged paramour cannot claim a Fifth Amendment privilege in response to a civil subpoena duces tecum for existing personal, private information, even if such information is incriminating. However, the ...

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

Where the circuit court ruled that it had issued a final support order and denied husband’s motion for reconsideration, the decision is summarily affirmed. Background The circuit court entered a final divorce decree and a support order. Later, wife moved ...

Tagged with: Domestic Relations Virginia Court of Appeals

Where wife has counterclaimed for a divorce on grounds of cruelty, her allegations that husband sexually abused the parties’ daughters when they were minors, and the effect this had on wife, “do not constitute cruelty for purposes of divorce under ...

Tagged with: Domestic Relations Fairfax County Circuit Court Judge David W. Lannetti Virginia Circuit Courts

Where the parties have been litigating custody and visitation matters regarding their minor child since 2009, the court awards mother sole legal custody. The court further orders that mother is “the keyholder and tiebreaker as to any visitation dispute” and ...

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

The trial court lacked subject matter jurisdiction to decide mother’s motions to reconsider child support rulings. Further, mother did not file a timely notice of appeal to challenge the underlying orders. As a result this court lacks jurisdiction to consider ...

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

The trial court correctly denied father’s motion to correct a visitation order because the court determined there was no error to correct. The court properly sanctioned father. Mother is awarded attorney’s fees and costs on appeal. Overview The parties divorced ...

Tagged with: Domestic Relations Judge William G. Petty Virginia Court of Appeals

The court issues a final decree of divorce on the grounds that the parties have lived separate and apart, without cohabitation and without interruption for more than one year. The court cannot grant wife’s counterclaim for a divorce based on ...

Tagged with: Domestic Relations Judge Gary A. Mills Newport News Circuit Court Virginia Circuit Courts

Even though husband acquired the marital home before the parties’ marriage, the home is both separate and marital property due to wife’s contributions during the marriage. As a result, she is entitled to a monetary award from the equity in ...

Tagged with: Domestic Relations Judge Charles N. Dorsey Roanoke Circuit Court Virginia Circuit Courts