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

The JDR court had jurisdiction to determine the amount of spousal support husband must pay wife. Further, the circuit court properly awarded wife attorneys’ fees and correctly awarded support for a term longer than half of the marriage. Overview The ...

Tagged with: Domestic Relations Judge Dominique A. Callins Virginia Court of Appeals

Where defendant husband’s military pension does not include disability pay, Howell v. Howell, 137 S. Ct. 1400 (2017), is inapplicable, and the parties’ property settlement controls the pension division. Howell held that under federal law, a military retiree who opts ...

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

Domestic Relations The appellant forfeited her appeal of the trial court’s award of attorney fees to appellee because she did not include a transcript or statement of facts for the hearing on the matter. A transcript is indispensable to resolve ...

Tagged with: Criminal Domestic Relations Virginia Court of Appeals

Where the parties agreed on a division of husband’s military pension, including indemnification provisions if husband breached his agreement not to do anything to defeat wife’s share, the court’s approval of the agreement does not run afoul of Howell v. ...

Tagged with: Domestic Relations Hampton City Circuit Court Judge Bonnie L. Jones Virginia Circuit Courts

The trial court correctly determined that the term “shareholder distributions” in the parties’ property settlement agreement was ambiguous. The court permissibly considered parol evidence to conclude that the term meant distributions from corporate income to wife rather than what the ...

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

Where the parties’ settlement agreement provided that wife would no longer get a portion of husband’s retirement benefits if she remarried, her relationship with her boyfriend was not a “marriage” as defined by the settlement agreement.  ‘Marriage’ defined “Agreements between ...

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

The trial court correctly classified stock in a family real estate business as a gift from husband’s uncle and therefore as husband’s separate property, which was not subject to equitable distribution. Further, there was no error when the court awarded ...

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