Even though a wife admitted that she committed pre-separation adultery, she is entitled to spousal support, the Virginia Court of Appeals has ruled. The relative economic circumstances and respective degrees of fault would make it a “manifest injustice” to deny ...

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

It was not arbitrary or capricious for U.S. Citizenship and Immigration Services to reject special immigrant juvenile status for a Salvadoran girl on the basis of a state court order that lacked a factual basis for permanent custody with her ...

Tagged with: 4th U.S. Circuit Court of Appeals Domestic Relations Immigration Per Curiam Opinion

The circuit court did not err in finding that, in light of both parties’ respective contributions to the breakdown of their marriage and the wife’s substantially lower economic prospects, an award of spousal support to her was warranted despite her ...

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

For spousal support purposes, the trial court did not err in declining to impute income to a spouse who retired voluntarily at age 58 and took up various volunteer activities. Background Husband and Wife were married in 1980 and separated ...

Tagged with: Attorneys Fees Domestic Relations Family Law Judge Randolph A. Beales Virginia Court of Appeals

Couples often split because they can’t work things out, but – when children are involved – the parties continue to be connected even after the relationship ends. Separation or divorce creates a whole new host of issues requiring cooperation and agreement between the parties. And, if ...

Tagged with: Domestic Relations Family Law in Virginia Melissa VanZile

The circuit court’s equitable distribution and support determinations were not in error, and the wife didn’t proffer for the appellate record purported after-acquired evidence of additional property that could have merited reconsideration. Background The parties were married in 1999. Husband ...

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

For equitable distribution purposes, a retired professional athlete’s line-of-duty disability benefits were correctly evaluated similar to pension benefits under Code § 20-107.3(G), rather than personal injury compensation under subsection (H). Background The parties were married in 1999 and had two ...

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

A jury should have been allowed to consider whether it was reasonable for the defendant, charged with possessing a firearm while subject to a protective order, to believe that a JDR court had dissolved the order. Background While Appellant Nicholas ...

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

Despite the divorcing parties’ substantial marital debt, Husband’s decision to sell their assets for less than their value – without obtaining wife’s approval – was contrary to an existing court order and constituted waste of marital assets for equitable distribution ...

Tagged with: Domestic Relations Family Law Judge Rossie D. Alston Jr. Virginia Court of Appeals

The circuit court erred in holding that a father’s payment to his ex-wife, purportedly in satisfaction of the final divorce agreement and decree, was actually a “gift” made to the couple’s adult son. The father made the check out to ...

Tagged with: Domestic Relations Family Law Virginia Court of Appeals