Where defendant’s plea in bar asserts that the parties were divorced by a Jordanian court, rendering moot plaintiff’s divorce action filed in this court, the plea in bar is denied because the court will not grant comity to the Jordanian ...

Tagged with: Domestic Relations Fairfax County Circuit Court Judge Grace Burke Carroll Virginia Circuit Courts

Where husband did not provide the court with documentation about his wife’s retirement account, he cannot complain on appeal that the court awarded the account to wife instead of making an equitable distribution. Retirement account “Husband alleges that he had ...

Tagged with: Domestic Relations Per Curiam Opinion Virginia Court of Appeals

Where the circuit court overruled the juvenile and domestic court’s decision not to issue appellee a protective order, the JDR court’s decision was a final order for appeal purposes. As a result, appellant’s argument that the circuit court lacked jurisdiction ...

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

Even though adultery was not raised by a husband in his initial divorce pleadings, the husband could use allegations of adultery to argue for lower alimony payments, the Court of Appeals of Virginia says. The court’s threejudge panel held it ...

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

Appellant’s 18 assignments of error in this appeal arising from the modification of a child support obligation are denied, as are two cross-assignments of error from the appellee. After considering the equities of this case, appellee is awarded $12,663 in ...

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

The circuit court correctly dismissed appellant’s complaint that alleged appellee breached an agreement to pay child support. The agreement was never incorporated into the circuit court’s final divorce order and, based on appellant’s representation that the JDR court had addressed ...

Tagged with: Domestic Relations Per Curiam Opinion Virginia Court of Appeals

Where wife had a vested interest in husband’s pension, which was discovered in his bankruptcy proceeding 10 years after the final divorce order, the circuit court correctly ordered him to make retroactive payments to wife from the time he began ...

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

A statute that provides a final order of adoption cannot be appealed after six months is the “outer boundary” for bringing a challenge based on an exception to Rule 1:1’s 21-day limit in which to challenge a final order. As ...

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

The trial court properly granted retroactive child support in this divorce matter. Code § 20-108.1(B) provides that support “shall be determined retroactively,” and, contrary to husband’s assertion,  the statute “contains no requirement of a pendente lite order or hearing to ...

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

The circuit court erred when it determined that it lacked subject matter jurisdiction over a county social services department’s petitions for permanency planning and parental rights termination of appellee’s two children. Background After an investigation, the Culpepper County Department of ...

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