Virginia Lawyers Weekly VA Lawyers Weekly

Where appellant wife claims the trial court should have granted her a continuance and allowed her to introduce evidence concerning equitable distribution and determination of assets and debts, her acceptance of a settlement agreement that was incorporated into the divorce ...

Tagged with: Domestic Relations Judge Clifford L. Athey Jr. Virginia Court of Appeals

The record supports the trial court’s granting a divorce based on father’s adultery. The court’s custody award and the equitable distribution of marital property are likewise affirmed. However, the court’s awards of spousal support and child support are reversed. The ...

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

A minor child’s maternal grandparents cannot be appointed as the child’s guardians because her father is alive and has legal custody of the child. Overview Petitioners are the maternal grandparents of a 15-year-old child whose mother died in 2012. She ...

Tagged with: Fairfax County Circuit Court Family Law Judge Daniel E. Ortiz Virginia Circuit Courts

In this divorce action, the trial court correctly ruled it could receive counsels’ stipulations as to property value but erred in part regarding determinations that certain real estate was husband’s separate property. The court also erred it classifying husband’s purchase ...

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

A prenuptial agreement in which the parties waived any claims to each other’s estate prevents wife from seeking an elective share in her deceased husband’s estate. Wife’s motion to extend the time in which to file for an elective share ...

Tagged with: Judge Jeanette A. Irby Loudon County Circuit Court Virginia Circuit Courts Wills & Trusts

The court lacks subject matter jurisdiction to grant either party a divorce because both held a G-4 nonimmigrant visa, which does not indicate “an intent to indefinitely be a resident and domiciliary of Virginia subject to divorce jurisdiction. Competing complaints ...

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

Where the issue of attorney’s fees related to custody, visitation and child support were bifurcated from the underlying divorce matter, the court concludes that wife is entitled to an attorney’s fee. However, the court will apply a 30 percent reduction ...

Tagged with: 24th Circuit Court Domestic Relations Judge Jeanette A. Irby Virginia Circuit Courts

Where a decedent’s 401(k) plan provided his surviving spouse was entitled to receive the proceeds, and the plaintiff, his third wife, claimed she was the surviving spouse but evidence showed his prior marriage did not end in divorce, the plaintiff ...

Tagged with: Contract Judge T.S. Ellis III U.S. District Court - Eastern District

The trial court correctly included a nanny’s full salary as a child-care cost when calculating child support guidelines. Wife’s requested child-care costs were employment-related and reasonable. Overview The parties married in 2000 and separated in 2018. They have three minor ...

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

The trial court properly concluded “that husband’s pattern of behavior, culminating in the battery for which he was convicted, would ‘cause [a] reasonable apprehension of serious danger in the future’ or would be ‘likely to be repeated.’ … Therefore, the ...

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