Where a church, for a period of time when the parties were separated, paid the mortgage on the marital home, the trial court properly classified the payments as a marital contribution instead of crediting them as husband’s separate contribution. Overview ...

Tagged with: Domestic Relations Judge Doris Henderson Causey Virginia Court of Appeals

A Virginia circuit court vacated its order that a divorced couple couldn’t partition their frozen embryos under Code § 8.01-93, analyzing more than 100 years of statutory history to reach its conclusion. The couple’s separation agreement didn’t determine what to ...

Tagged with: Domestic Relations Judge Richard E. Gardiner Virginia Circuit Courts

A circuit court upheld the validity of a premarital agreement after ruling that the document could corroborate an adverse party’s testimony under Virginia’s “Dead Man’s Statute.” After her husband died of COVID-19 while intestate, the plaintiff challenged the validity of ...

Tagged with: Domestic Relations Judge Penney S. Azcarate Virginia Circuit Courts

The parties’ marital separation agreement is best understood as providing that husband’s military pension was a marital asset. Therefore, wife is entitled to 50 percent of the pension “when a military retirement is earned by Husband.” The trial court correctly ...

Tagged with: Domestic Relations Judge Doris Henderson Causey Virginia Court of Appeals

Where the counter-plaintiff alleges that the counter-defendant has engaged in abuse of process by causing him “to expend greater than necessary funds on legal fees,” the counterclaim is dismissed. Counter-plaintiff’s general allegations have not stated a claim. No Claim “Counter-Plaintiffs ...

Tagged with: Domestic Relations Judge Anne F. Reed Virginia Circuit Courts

Where the parties agreed that appellant could not reduce appellee’s share of his military pension by electing to receive disability pay instead of retired pay, appellant’s later election to receive disability pay and Combat-Related Special Compensation, which reduced appellee’s share, ...

Tagged with: Domestic Relations Judge Lisa M. Lorish Virginia Court of Appeals

Where the parties’ temporary agreement provided wife with lump sum and monthly payments, the trial court correctly refused to order husband to pay arrearages accrued under the agreement because wife waived her right to retroactive support in a consent order. ...

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

Where father’s child support payments were in arrears, he is not entitled to a credit for nonconforming support payments he made while the parties’ child was in his temporary custody. A credit can be awarded when the payor parent obtains ...

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

Where the father alleged his ex-wife removed their two minor children from Anguilla to the United States in violation of his custody rights, but the mother showed the father consented to their removal, and the older and more mature child ...

Tagged with: Domestic Relations Judge Norman K. Moon U.S. District Court - Western District

The Court of Appeals of Virginia has upheld an award of attorneys’ fees to a woman in her divorce from a husband who delayed settlement and accused her of immigration fraud. The husband said fees shouldn’t be awarded on various ...

Tagged with: Domestic Relations Judge Glen A. Huff Judge Junius P. Fulton III Judge Lisa M. Lorish Judge Stuart A. Raphael Virginia Court of Appeals