Virginia Lawyers Weekly VA Lawyers Weekly

Where husband seeks to modify a pendente lite order concerning his child support obligation, the fact that the children are now emancipated does not bar modification. A pendente lite order may be modified at any time while the divorce action ...

Tagged with: 20th Circuit Court Domestic Relations Judge Jeanette A. Irby Virginia Circuit Courts

The parties’ postnuptial agreement was not abrogated by their separations and reconciliations. The circuit court erred by relying on Code § 20-155 to conclude otherwise because the postnuptial agreement was neither a separation agreement nor a property settlement agreement. Overview ...

Tagged with: Domestic Relations Judge Randolph A. Beales Virginia Court of Appeals

The circuit court correctly ruled that it lacked jurisdiction to enter a final divorce decree nunc pro tunc after one of the parties died. Background Tommy and Greta Johnson married in 1974. Greta filed for divorce in 2017. After a ...

Tagged with: Domestic Relations Judge Robert J. Humphreys Virginia Court of Appeals

Husband was properly served with a rule to show cause why he should not be held in willful contempt for failing to comply with his financial obligations in the parties’ final divorce decree. The court properly sanctioned husband and awarded ...

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

The circuit court properly determined appellant’s children were abused or neglected. Dispositional orders approving the removal and initial foster care plans for appellant’s children are affirmed. Background Appellant and her children, 15-month-old twins, were residents of a shelter. About a ...

Tagged with: Family Law Virginia Court of Appeals

A child whose mother refused to return her to Honduras following their visit to the United States and whose father petitioned for her return, will remain here. The father delayed in filing his petition, and the child is now well-settled. ...

Tagged with: Domestic Relations Judge Elizabeth K. Dillon U.S. District Court - Western District

Appellants lacked standing to pursue rescission of the decedent’s inter vivos gift of property to the appellees because they had no legal interest in the property. Although the decedent’s will provided appellants testamentary gifts of two parcels of land, those ...

Tagged with: Supreme Court of Virginia Wills and Trusts

The circuit court has jurisdiction over this matter concerning a minor child because the JDR’s dismissal on the merits was a final order, thus permitting the circuit court to assume jurisdiction. Final order Initially, the court must decide whether this ...

Tagged with: 20th Circuit Court Family Law Judge Jeanette A. Irby Virginia Circuit Courts

There was sufficient evidence to terminate mother’s parental rights to four of her children. Overview Mother appeals the termination of her parental rights under Code § 16.1-283(B) and (C)(2). “Code § 16.1-283(B) states a parent’s parental rights may be terminated ...

Tagged with: Family Law Virginia Court of Appeals

Where the parties’ property settlement made husband liable for all marital debts, his subsequent loan default and post-marriage refinancing by both husband and wife did not make wife responsible for half of the new loan. Overview During the parties’ marriage, ...

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