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Tag Archives: Domestic Relations

Third-party mortgage payments were marital contribution

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 ...

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‘Goods or Chattels’: Divorced couple’s frozen embryos can be partitioned

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 ...

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‘Valid and enforceable’: Prenup corroborated testimony under Dead Man’s Statute

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 ...

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Order to change military pension election was error

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, ...

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No retroactive support under temporary agreement terms

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. ...

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Wife gets fees in divorce despite ex’s ‘green-card sham’ claim

Divorcing couple at mediation

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 ...

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