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Top priority: Encourage clients to focus on self-care during divorce
No matter the area of law in which you practice, odds are good you will run across a client who is going through a divorce. Divorce is one of the most stressful life-changing events a person can experience. According to the Holmes and Rahe Stress Scale — a tool which measures the degree to which […]
Divorce lawyer sanctioned for violating stay
A lawyer who sought to keep a divorce case from going dormant after the opposing party filed for bankruptcy has been hit with $6,050 in sanctions by a Richmond bankruptcy judge who concluded the actions of the lawyer and his client were in “flagrant disregard” of the automatic stay. The sanctions ordered by U.S. Bankruptcy […]
Who pays? A tutorial on fee-shifting in divorce cases
While outlining a five-factor framework for domestic relations fee shifting, a Fairfax County judge nonetheless decided this month that the factors weighed against any fee award in a high-profile divorce case. Judge David A. Oblon found a gap in legal authority to guide trial courts in the routine but important responsibility of awarding attorneys’ fees, […]
Lawyer is disqualified in complex divorce case
A Reston lawyer has been sidelined from representing a husband in a contentious and complicated Loudoun County divorce action because of his prior representation of a former friend of the husband. The husband accused the former friend of having an affair with the wife. The friend then claimed attorney Robert Lee Vaughn Jr. was using […]
‘Revenge porn’ or evidence? Attorney-client privilege at issue in use of photo
The Supreme Court of Virginia has been asked to decide whether a divorcing wife violated the state’s “revenge porn” law when she let her lawyer use secretly recorded nude images to question her husband’s girlfriend about adultery. The case marks what may be the first civil action to enforce the 2014 law that bans malicious […]
CAV: Husband adequately alleged desertion
The circuit court erred in finding a husband’s divorce complaint insufficient based on the husband’s apparent acquiescence in the separation. To state a claim for desertion, only the deserting party’s intentions must be adequately pled. Background Husband and Wife were married on October 8, 2016. The parties had one child together. On February 27, 2017, […]
Life insurance can be part of support order
Divorce lawyers have a new tool in their chest when it comes to crafting a support plan for a dependent spouse. A new Virginia law effective July 1 gives judges the authority to order a support-paying spouse to maintain life insurance for the benefit of the spouse receiving support. The new statute – Virginia Code […]
Report of expert not usable as admission
A business valuation report prepared by an expert retained by a man in his divorce could not be used against him as a party admission, the Court of Appeals has held on an issue of first impression in Virginia. While statements made by a party’s agent can be used as party admissions, the agent must […]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
