Virginia Lawyers Weekly VA Lawyers Weekly

An arbitration clause in a revocable trust agreement cannot be enforced because the trust is best understood as a donative instrument rather than a written contract. Further, the present controversy did not exist when the trust was executed. Finally, plaintiff ...

Tagged with: Fairfax Circuit Court Judge Bruce D. White Virginia Circuit Courts Wills & Trusts

Where husband’s income from his chiropractic practice has declined, this is a material change in circumstances that justifies a reduction in his support payments to plaintiff wife. Background Dr. Wichin, upon reaching full retirement age and experiencing a reduction in ...

Tagged with: Domestic Relations Fairfax Circuit Court Judge Michael F. Devine Virginia Circuit Courts

Although the circuit court incorrectly vacated some portions of the parties’ custody settlement agreement, it had the authority to vacate provisions regarding parenting decisions and to “give mother decision-making authority over most issues.” Background The parties, who had two children, ...

Tagged with: Domestic Relations Judge Marla Graff Decker Virginia Court of Appeals

Where the parties’ antenuptial agreement is ambiguous, the court determines, after considering extrinsic evidence, that the agreement is best understood as barring equitable distribution of the parties’ separate property brought into, and acquired during, the marriage. This includes any gain ...

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

The circuit court, on remand, properly considered all the statutory factors when determining the amount and duration of wife’s spousal support award. Further, the court correctly rejected wife’s motion to use an alternative valuation date for a certain bank account ...

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

The trial court correctly determined the parties’ incomes for purposes of awarding child and spousal support. Overview The parties married in 1998, had three children and separated in August 2017. Wife entered law school when the parties married but did ...

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

The trial court correctly awarded mother sole legal and primary physical custody of the parties’ minor child and limited father’s visitation to two two-hour supervised visits per month. Background The parties’ minor child is diagnosed with high functioning autism. As ...

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

Where the ex-wife was receiving spousal support while habitually cohabitating with another person “in a relationship analogous to a marriage for one year or more,” Code § 20-109, the trial court erred by reducing the support award instead of terminating ...

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

Even though the trial court had in rem jurisdiction over husband to issue a divorce decree, it lacked in personam jurisdiction to enter a child support award. Wife’s argument that three different sections of Virginia’s long-arm statute provide personal jurisdiction ...

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

Where an adoption agency sent a certified letter to a putative father informing him about the Virginia Birth Father Registry, he was not obligated to register within the time specified in Code § 63.2-1250(F) to have standing to participate in ...

Tagged with: Family Law Judge William G. Petty Virginia Court of Appeals