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Tag Archives: Domestic Relations

Income is proper factor to apportion marital debt

Where the trial court considered the parties’ incomes when apportioning the marital debt, this was a proper consideration under the “catch all” provision of Code § 20-107.3(E). Further, there was no error in the trial court’s methodology for determining wife’s ...

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Fault-based claims lack specificity

Wife’s demurrer to cruelty and constructive desertion claims in husband’s amended counterclaim is sustained with prejudice because there is “insufficient detail” to specifically inform her of the complained-of conduct. Overview Wife sued for divorce on grounds of adultery and desertion. ...

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Court articulates factors to award attorneys’ fees

Where the divorcing parties each seek attorneys’ fees from the other, the court provides the guidelines and considerations it uses to determine whether to shift attorneys’ fees and whether a fee request is reasonable. Discussion “[T]here is little authority to ...

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Fifth Amendment assertions to discovery requests rejected

Where this court previously ruled that husband could not assert his Fifth Amendment privilege in response to wife’s interrogatories, requests for documents and requests for admissions related to his alleged adultery, the court affirms its previous order and declines to ...

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Condonation evidence warrants dismissal of divorce complaint

The court grants husband’s motion to dismiss wife’s divorce complaint based on evidence of wife’s condonation and resumption of cohabitation, even though husband cannot “precisely identify and disclose with particularity and detail each and every act of adultery.” Overview “On ...

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Husband’s spousal support obligation eased

Where wife’s income and expense worksheet “exaggerates her need for financial support,” the court will modify its previously issued pendente lite spousal support award. Prior proceedings The parties were married in August 2014. They have no children but wife has ...

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Emancipation immaterial to changing pendente lite order

Where husband seeks to modify a pendente lite order concerning his child support obligation, the fact that the children are now emancipated does not bar modification. A pendente lite order may be modified at any time while the divorce action ...

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Separations, reconciliations did not nullify postnup agreement

The parties’ postnuptial agreement was not abrogated by their separations and reconciliations. The circuit court erred by relying on Code § 20-155 to conclude otherwise because the postnuptial agreement was neither a separation agreement nor a property settlement agreement. Overview ...

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