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Family Law

Mother awarded sole legal custody after lengthy dispute (access required)

Where the parties have been litigating custody and visitation matters regarding their minor child since 2009, the court awards mother sole legal custody. The court further orders that mother is “the keyholder and tiebreaker as to any visitation dispute” and ...

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Trial court lacked jurisdiction to reconsider support rulings (access required)

The trial court lacked subject matter jurisdiction to decide mother’s motions to reconsider child support rulings. Further, mother did not file a timely notice of appeal to challenge the underlying orders. As a result this court lacks jurisdiction to consider ...

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Income is proper factor to apportion marital debt (access required)

Where the trial court considered the parties’ incomes when apportioning the marital debt, this was a proper consideration under the “catch all” provision of Code § 20-107.3(E). Further, there was no error in the trial court’s methodology for determining wife’s ...

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Children’s best interests considered in visitation order (access required)

Where the JDR court’s visitation ruling specified only “reasonable visitation” for father, the circuit court properly imposed a specific visitation schedule. The court had the authority to do so despite striking father’s evidence concerning changed circumstances. Further, despite mother’s contrary ...

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Fault-based claims lack specificity (access required)

Wife’s demurrer to cruelty and constructive desertion claims in husband’s amended counterclaim is sustained with prejudice because there is “insufficient detail” to specifically inform her of the complained-of conduct. Overview Wife sued for divorce on grounds of adultery and desertion. ...

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