Virginia Lawyers Weekly VA Lawyers Weekly

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

Where the divorcing parties each seek attorneys’ fees from the other, the court provides the guidelines and considerations it uses to determine whether to shift attorneys’ fees and whether a fee request is reasonable. Discussion “[T]here is little authority to ...

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

Where this court previously ruled that husband could not assert his Fifth Amendment privilege in response to wife’s interrogatories, requests for documents and requests for admissions related to his alleged adultery, the court affirms its previous order and declines to ...

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