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Family Law

Divorce decree unaffected by California divorce order (access required)

A divorce decree entered by this court is unaffected by a California court’s divorce order that ended the marriage of plaintiff and his first spouse, even though the California order was entered after plaintiff married defendant but made nunc pro ...

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Reduced income warrants lower support payments (access required)

Where husband’s income from his chiropractic practice has declined, this is a material change in circumstances that justifies a reduction in his support payments to plaintiff wife. Background Dr. Wichin, upon reaching full retirement age and experiencing a reduction in ...

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Portions of custody agreement vacated (access required)

Although the circuit court incorrectly vacated some portions of the parties’ custody settlement agreement, it had the authority to vacate provisions regarding parenting decisions and to “give mother decision-making authority over most issues.” Background The parties, who had two children, ...

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Separate property not subject to distribution (access required)

Where the parties’ antenuptial agreement is ambiguous, the court determines, after considering extrinsic evidence, that the agreement is best understood as barring equitable distribution of the parties’ separate property brought into, and acquired during, the marriage. This includes any gain ...

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Spousal support correctly determined on remand (access required)

The circuit court, on remand, properly considered all the statutory factors when determining the amount and duration of wife’s spousal support award. Further, the court correctly rejected wife’s motion to use an alternative valuation date for a certain bank account ...

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Ending support to cohabitating party not unconscionable (access required)

Where the ex-wife was receiving spousal support while habitually cohabitating with another person “in a relationship analogous to a marriage for one year or more,” Code § 20-109, the trial court erred by reducing the support award instead of terminating ...

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