Virginia Lawyers Weekly VA Lawyers Weekly

Where a child support award was calculated by averaging the wife’s income from her most recent period of employment based on her pay stubs, and the wife incorrectly claimed that the calculation was based on an average of her employment ...

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

A mother who lost primary physical custody of a minor child after she learned she would be transferred to North Carolina by her military employer did not show the circuit erred in not reconsidering its decision when those orders were ...

Tagged with: Domestic Relations Judge James W. Haley Jr. Virginia Court of Appeals

Where a husband and wife purchased a farm and constructed a home on the property shortly after their marriage and the husband was unable to demonstrate that the proceeds from the sales of stock he had held before the marriage ...

Tagged with: Domestic Relations Judge Teresa M. Chafin Virginia Court of Appeals

Where plaintiff wife nonsuited her 2003 divorce action, her nonsuit of a 2018 divorce complaint against the same defendant husband will be treated as a second nonsuit, entitling defendant to costs and attorney fees under Code § 8.01-380(B). Facts Plaintiff ...

Tagged with: Domestic Relations Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

A father’s renovation of his home, which allowed for his children to have their own bedroom and bathroom, was a significant change in circumstance that justified reinstating the overnight visitation that had initially been agreed to in the divorce decree ...

Tagged with: Domestic Relations Per Curiam Opinion Virginia Court of Appeals

Where the juvenile and domestic relations court denied appellant’s request to modify a child support order and he appealed to the circuit court but later withdrew it, the JDR court did not lose jurisdiction to modify the support order. Even ...

Tagged with: Domestic Relations Published Order Supreme Court of Virginia

Where a husband and wife separated for more than a year after the wife discovered photographs of the husband cross-dressing, the wife was entitled to a fault-based divorce on the grounds of constructive desertion. Background Daniel Jason Rakes and Teresa ...

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

The court lacks jurisdiction to enter a child custody order due to the residency of the parties and their child, and because this court has not previously entered a custody order in this divorce case. Background Plaintiff father and defendant ...

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

The plaintiff in this divorce case must respond to an interrogatory and a request for admission concerning misdemeanor acts of adultery despite invoking his right against self-incrimination. Facts The parties were married in 1996. Plaintiff sued for divorce in January ...

Tagged with: Domestic Relations Fairfax County Circuit Court Judge Michael F. Devine Virginia Circuit Courts

Although the wife was in an exclusive, continuous, monogamous relationship with another man following her separation from husband, because they maintained separate residences, the trial court did not err by holding that husband failed to prove the threshold “common residence” ...

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