Virginia Lawyers Weekly VA Lawyers Weekly

Where the parties’ antenuptial agreement is ambiguous, the court determines, after considering extrinsic evidence, that the agreement is best understood as barring equitable distribution of the parties’ separate property brought into, and acquired during, the marriage. This includes any gain ...

Tagged with: Domestic Relations Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

The circuit court, on remand, properly considered all the statutory factors when determining the amount and duration of wife’s spousal support award. Further, the court correctly rejected wife’s motion to use an alternative valuation date for a certain bank account ...

Tagged with: Domestic Relations Judge Mary Bennett Malveaux Virginia Court of Appeals

The trial court correctly determined the parties’ incomes for purposes of awarding child and spousal support. Overview The parties married in 1998, had three children and separated in August 2017. Wife entered law school when the parties married but did ...

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

The trial court correctly awarded mother sole legal and primary physical custody of the parties’ minor child and limited father’s visitation to two two-hour supervised visits per month. Background The parties’ minor child is diagnosed with high functioning autism. As ...

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

Where the ex-wife was receiving spousal support while habitually cohabitating with another person “in a relationship analogous to a marriage for one year or more,” Code § 20-109, the trial court erred by reducing the support award instead of terminating ...

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

Even though the trial court had in rem jurisdiction over husband to issue a divorce decree, it lacked in personam jurisdiction to enter a child support award. Wife’s argument that three different sections of Virginia’s long-arm statute provide personal jurisdiction ...

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

Where an adoption agency sent a certified letter to a putative father informing him about the Virginia Birth Father Registry, he was not obligated to register within the time specified in Code § 63.2-1250(F) to have standing to participate in ...

Tagged with: Family Law Judge William G. Petty Virginia Court of Appeals

Where the trial court included $800 for monthly child-care expenses in its child support award to mother, this was error because she did not actually incur the expenses. Overview Mother had primary custody of the parties’ three children.  She relocated ...

Tagged with: Domestic Relations Judge William G. Petty Virginia Court of Appeals

Even though wife’s receipt of an inheritance was a changed circumstance, the trial court properly concluded that it did not warrant ending husband’s spousal support obligation. Facts The final divorce decree awarded wife $800 per month in permanent spousal support. ...

Tagged with: Domestic Relations Judge William G. Petty Virginia Court of Appeals

Where plaintiff husband petitioned for a rule to show cause, alleging that defendant wife violated the parties’ divorce settlement agreement, his later petition to end spousal support does not relate back to the show cause petition. Background The parties’ settlement ...

Tagged with: Domestic Relations Fairfax Circuit Court Judge David Bernhard