Virginia Lawyers Weekly VA Lawyers Weekly

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 ...

Tagged with: Domestic Relations Judge James P. Fisher Loudon County Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Domestic Relations Judge Glen A. Huff Virginia Court of Appeals

The trial court correctly denied father’s motion to correct a visitation order because the court determined there was no error to correct. The court properly sanctioned father. Mother is awarded attorney’s fees and costs on appeal. Overview The parties divorced ...

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

The court issues a final decree of divorce on the grounds that the parties have lived separate and apart, without cohabitation and without interruption for more than one year. The court cannot grant wife’s counterclaim for a divorce based on ...

Tagged with: Domestic Relations Judge Gary A. Mills Newport News Circuit Court Virginia Circuit Courts

Even though husband acquired the marital home before the parties’ marriage, the home is both separate and marital property due to wife’s contributions during the marriage. As a result, she is entitled to a monetary award from the equity in ...

Tagged with: Domestic Relations Judge Charles N. Dorsey Roanoke Circuit Court Virginia Circuit Courts

Where appellee revoked a trust, of which two of her children were trustees, and a New York guardianship court found that appellee was not an incapacitated person, the Fairfax Circuit Court incorrectly ruled that the New York proceeding collaterally estopped ...

Tagged with: Justice S. Bernard Goodwyn Supreme Court of Virginia Wills & Trusts

Where the trial court awarded wife a lump sum spousal support award equal to the secured debt obligations encumbering the marital home, the award is upheld based on special circumstances and compelling need. Background When the parties separated, two of ...

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

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 ...

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

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 ...

Tagged with: Family Law Judge Robert J. Humphreys Virginia Court of Appeals

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. ...

Tagged with: Domestic Relations Judge James P. Fisher Loudon County Circuit Court Virginia Circuit Courts