Virginia Lawyers Weekly VA Lawyers Weekly

Where the circuit court awarded wife $10,000 per month in spousal support, the court’s decision not to impute income to wife is supported by the record. Imputed income “At the outset, husband argues that the trial court should have imputed ...

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

The Court of Appeals erred when it ruled that “certain indemnification provisions in a property settlement agreement that [wife] entered into with [husband] violated federal law and, therefore, were void ab initio.” Background The parties agreed on a division of ...

Tagged with: Domestic Relations Justice Cleo E. Powell Supreme Court of Virginia

Where the decedent’s will contained a no contest provision, the circuit court correctly declined to adopt a good faith and probable cause exception to enforcing the provision. Background “Helton and his wife Carol were neighbors of Martha and William Stegmaier ...

Tagged with: Judge Clifford L. Athey Jr. Virginia Court of Appeals Wills & Trusts

Where the trial court ruled that husband could not file a motion until he posted a $25,000 bond and personally appeared in court – a sanction imposed for disobeying previous court orders – the court properly sanctioned him $1,848 after ...

Tagged with: Domestic Relations Virginia Court of Appeals

Where plaintiff and her now-deceased husband signed a premarital agreement in which each party disavowed any interest in the other’s assets, the agreement is enforceable despite plaintiff’s arguments that she did not voluntarily make the agreement and that it is ...

Tagged with: Domestic Relations Judge Penney S. Azcarate Virginia Circuit Courts

A copy of the testator’s will, which disinherited her sons, was properly admitted to probate. The estate’s executor successfully rebutted the presumption that the missing original “was revoked by clear and convincing evidence.” Overview After Lynch-Carbaugh died, Kenney, the estate’s ...

Tagged with: Judge Robert J. Humphreys Virginia Court of Appeals Wills & Trusts

Even though husband was in an accident that prevented him from working, his income actually increased following the accident due to his receipt of Social Security benefits. As a result, the trial court correctly determined there were no changed circumstances ...

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

Where a JDR court issued two protective orders in wife’s favor against husband, and husband pleaded guilty to assaulting wife, this was sufficient corroboration of wife’s testimony that husband assaulted her. Further, a $4,000 per month support award to wife ...

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

Where the court dismissed all federal claims brought by an estranged husband, it declined to exercise supplemental jurisdiction over the remaining state law claims asserted against his former wife relating to their custody agreement. And, in any event, the court ...

Tagged with: Domestic Relations Judge Patricia Tolliver Giles U.S. District Court - Eastern District

Where the court previously ruled that a divorced couple’s frozen embryos could not be partitioned under the goods or chattels statute because the statute “refers only to partition of goods or chattels found on real property being partitioned,” on reconsideration, ...

Tagged with: Family Law Judge Richard E. Gardiner Virginia Circuit Courts