Virginia Lawyers Weekly VA Lawyers Weekly

Where the parties agreed on a division of husband’s military pension, including indemnification provisions if husband breached his agreement not to do anything to defeat wife’s share, the court’s approval of the agreement does not run afoul of Howell v. ...

Tagged with: Domestic Relations Hampton City Circuit Court Judge Bonnie L. Jones Virginia Circuit Courts

The trial court correctly determined that the term “shareholder distributions” in the parties’ property settlement agreement was ambiguous. The court permissibly considered parol evidence to conclude that the term meant distributions from corporate income to wife rather than what the ...

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

Where plaintiff alleges that a woman pregnant with his child committed fraud by representing she would carry to full term and co-parent with plaintiff and instead obtained an abortion, the claim is dismissed. None of her statements were false or ...

Tagged with: Family Law Judge William E. Glover Spotsylvania County Circuit Court Virginia Circuit Courts

Where the parties’ settlement agreement provided that wife would no longer get a portion of husband’s retirement benefits if she remarried, her relationship with her boyfriend was not a “marriage” as defined by the settlement agreement.  ‘Marriage’ defined “Agreements between ...

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

The trial court correctly classified stock in a family real estate business as a gift from husband’s uncle and therefore as husband’s separate property, which was not subject to equitable distribution. Further, there was no error when the court awarded ...

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

A clause in a property settlement agreement requiring “great care” before either party introduces a romantic partner to the child is vague and cannot be enforced. Further, where the court has ruled that the parties will pay their child’s unreimbursed ...

Tagged with: Domestic Relations Fairfax Circuit Court Judge David Bernhard Virginia Circuit Courts

Where the child’s mother, father and grandmother had legal custody, and the grandmother had primary physical custody, mother’s physical custody petition is denied. Although there has been a material change in circumstances, the child’s best interest is served by continuing ...

Tagged with: Domestic Relations Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

Where the circuit court denied father’s motion to modify his child support obligations and custody arrangements, none of father’s assignments of error warrant reversal. Statement of case Father is proceeding pro se on appeal. “In his ten assignments of error, ...

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

Appellant’s challenge of a $129,000 judgment for spousal-support arrearages cannot be considered on appeal because he did not file a transcript of the hearing or a written statement of facts. Dispositive issue Appellant argues that the trial court erred by ...

Tagged with: Domestic Relations Virginia Court of Appeals

The commissioner of accounts properly held a hearing regarding a conservator’s accounting of the decedent’s estate, even though the information prompting the hearing came from a disinterested party. Background Kishna Minor was appointed conservator of Eric Witt Wilder, her incapacitated ...

Tagged with: Fairfax County Circuit Court Judge Robert J. Smith Virginia Circuit Courts Wills & Trusts