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Family Law

Income is proper factor to apportion marital debt (access required)

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 ...

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Children’s best interests considered in visitation order (access required)

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 ...

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Fault-based claims lack specificity (access required)

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. ...

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Court articulates factors to award attorneys’ fees (access required)

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 ...

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Fifth Amendment assertions to discovery requests rejected (access required)

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 ...

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Condonation evidence warrants dismissal of divorce complaint (access required)

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 ...

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