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Continuous intent to separate not required
Where a party has the intent to permanently separate for purposes of a no-fault divorce, it is sufficient that the party has the intent when the statutory one-year period begins. There is no requirement that the intent be continuous throughout the statutory period. In this no-fault divorce case, the date of separation is important because […]
No interlocutory appeal of pendente lite order
Under an amendment to Code §17.1-405, enacted April 12, 2023, the court lacks jurisdiction to hear an interlocutory appeal of a pendente lite order, even though the appeal was pending when the General Assembly amended the statute. Overview “On January 10, 2022, appellee Young Ae Choi filed a complaint for divorce in the circuit court […]
Equitable distribution hearing OK in wife’s absence
The trial court correctly denied wife’s “motion to reconsider after the court conducted an equitable distribution hearing in her absence and entered a final order of divorce.” The court properly refused “to reopen the record so that she could present evidence on the valuation of the marital accounts.” Prior delays “[I]n denying wife’s motion for […]
Business ‘distributed’ without valuation evidence
Where neither party in this divorce matter presented valuation evidence of a business, the trial court erred by “distributing” the business. The court further erred by dividing the business’s checking account and apportioning several business debts to husband. Overview “The parties married in 1995 and had two children. During the marriage, the parties started Falco […]
Mother enjoined from removing child from Virginia
Where the father showed that the minor child was likely to be returned to Peru, where she lived before the mother brought her to the United States and refused to return her to Peru, the mother was enjoined from removing the child from Virginia until the petition to return was resolved. Background In July 2012, […]
Property settlement was not unconscionable
Where husband claimed the parties’ property settlement agreement was unconscionable but provided scant evidence of a gross disparity in the division, the trial court correctly included the settlement in the final divorce decree. Marital assets unclear “[I]t is entirely unclear whether a gross disparity exists between the parties’ division of marital assets. “The PSA contains […]
Challenges to child support award unpreserved
Where father challenges the trial court’s order regarding child support and related expenses, and an attorney fee award to wife, his failure to object in the trial court precludes appellant review. “‘No ruling of the trial court … will be considered as a basis for reversal unless an objection was stated with reasonable certainty at […]
Retirement account was marital property
The trial court correctly ruled that husband’s retirement account was marital property despite husband’s claim that it was funded with income he earned before the parties’ marriage. Classification of marital property “Husband challenges the circuit court’s classification of LPL IRA #4765 as marital property. Husband does not contest that he opened LPL IRA #4765 during […]
Mother awarded legal and physical custody
Where the court has determined that father’s contact with the parties’ child “is not appropriate,” mother is awarded sole legal and physical custody, and father is denied “any form of visitation[.]” Best interest “The critical question in this case, which overrides all other considerations, is the best interests of SAS. The Court stresses this point […]
Equitable distribution rulings affirmed
The trial court’s rulings on classifying the parties’ assets and debts, and a property valuation are affirmed. No misapplication “Husband … argues that the trial court applied the incorrect burden of proof by requiring him to prove that the credit card debt was marital debt when Code § 20-107.3 creates a statutory presumption that debt […]
Trial court’s findings on profit-sharing plan upheld
Where the trial court ruled that husband did not disclose his profit-sharing plan to wife, and, that under the parties’ property settlement agreement, wife was entitled to one-half of the plan, there was no error. Further, the court properly ruled that husband could deduct his tax rate from his payment to wife. No disclosure “Husband […]
No best interest analysis for child’s relocation
“When granting primary physical custody to a parent in an initial custody determination, the trial court need not separately determine whether living out-of-state is in the best interests of the child, if the prospective custodial parent already lives out of state.” Background Coffey, the child’s mother, and Brandon, the child’s father, jointly agreed that the […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
