Virginia Lawyers Weekly VA Lawyers Weekly

Where father provided no admissible evidence to support his request to reduce his child support obligation, there was no error in the court’s evidentiary rulings. Mother’s motion to strike was properly granted. Documentary evidence “Father contends the court erred in ...

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

The trial court applied the correct burden of proof to determine the parties’ interests in the marital home’s equity. It is not wife’s burden to prove marital contributions caused the increased value in the marital home. Rather, husband, as the ...

Tagged with: Domestic Relations Judge Lisa M. Lorish Virginia Court of Appeals

Where husband did not designate his wife as a survivor beneficiary on his Virginia Retirement System retirement plan despite a court order requiring him to do so, the circuit court incorrectly ordered VRS to pay survivor benefits. Under the relevant ...

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

The pendente lite order in this case, which gave wife exclusive control of the former marital home, is neither a final order nor an appealable interlocutory order. As a result, husband’s appeal is dismissed for lack of jurisdiction. Overview Before ...

Tagged with: Domestic Relations Judge Rosemarie Annunziata Virginia Court of Appeals

Where a woman sued her ex-husband for return of all assets awarded in their divorce, but both parties resided in Virginia and there was no allegation the ex-husband was acting under color of state law, the suit was dismissed because ...

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

Where wife claimed she was not receiving the correct amount from husband’s retirement, the trial court’s order directing that husband reimburse wife for the shortage is affirmed. Background When the parties divorced, husband was vested in the Civil Service Retirement ...

Tagged with: Domestic Relations Judge Rosemarie Annunziata Virginia Court of Appeals

The trial court properly interpreted the parties’ premarital agreement to provide that husband’s savings certificates, which were his separate property before the marriage, became joint property when he titled them in both parties’ names after the marriage, and did not ...

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

Where the parties’ premarital agreement recited there had been full disclosure of their assets, when, in fact, the disclosure documents were left blank, husband cannot enforce the agreement because it is unconscionable. Husband’s undisclosed assets were more than $10 million ...

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

The trial court did not abuse its discretion in the equitable distribution of the parties’ assets or by awarding wife support for a limited duration. Background The parties were married in 1991 and separated in 2004. The Loudoun Circuit Court ...

Tagged with: Domestic Relations Judge Christopher Clemens Virginia Court of Appeals

Where a father alleged his two minor children were residing in Anguilla at the time their mother removed them to the United States, that the removal violated the father’s custody rights under Anguilla law and that the father had been ...

Tagged with: Domestic Relations Judge Norman K. Moon U.S. District Court - Western District