Virginia Lawyers Weekly VA Lawyers Weekly

When the parties’ entire post-nuptial agreement is read in context, the agreement unambiguously provides that certain trust benefits were intended to be paid to wife even after the parties divorced and husband subsequently died. Background Bonnie and Raleigh Worsham were ...

Tagged with: Domestic Relations Judge Stuart A. Raphael Virginia Court of Appeals

The trial court correctly ruled that father’s $600,000 inheritance was income for purposes of determining his child support obligation. Further, the court acted within its discretion by dividing the inheritance as income over a five-year period until the youngest child ...

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

Where the trial court’s order dividing a husband’s military pension was contrary to federal law, the order is void ab initio and can be attacked beyond Rule 1:1’s 21-day window. Overview “Michael Yourko (‘husband’) appeals from the trial court’s dismissal ...

Tagged with: Domestic Relations Judge Frank K. Friedman Virginia Court of Appeals

Where, as part of the equitable distribution, the trial court awarded a preserved pre-embryo to wife and did not compensate husband for his share of the marital property, the court’s judgment is reversed. The case is remanded so the trial ...

Tagged with: Family Law Judge Marla Graff Decker Virginia Court of Appeals

Where the parties each claim the other violated their oral agreement concerning living together and sharing expenses after the final divorce decree was entered, their property settlement agreement, which provides that any modifications must be in writing, controls the resolution ...

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

The circuit court had jurisdiction to modify a previous order relating to the equitable distribution of the parties’ retirement benefits, even though the correcting order was entered more than 21 days after the original order. Husband argues on appeal that ...

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

The circuit court had personal jurisdiction over husband and subject matter jurisdiction to enter the parties’ consent support order and award wife attorney’s fees. Background The parties separated after a nine-year marriage. On Nov. 29, 2018, wife petitioned the Suffolk ...

Tagged with: Domestic Relations Virginia Court of Appeals

Where mother moved to amend custody of the parties’ child, the record supports the circuit court’s finding that there had been no material change in circumstances since the prior custody award. The circuit court properly denied mother’s motion. Ruling “[T]he ...

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

Even though the testator did not sign a codicil to his will, clear and convincing extrinsic evidence shows that he intended to add to, or change his will. Overview Asmuth, the decedent, signed his will on Oct. 17, 2018. On ...

Tagged with: Fairfax County Circuit Court Judge Robert J. Smith Virginia Circuit Courts Wills & Trusts

There was sufficient evidence for the trial court to determine the marital share of husband’s Army pension. The trial court must do so on remand and decide whether wife is entitled to any part of it up to 50 percent. ...

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