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Tag Archives: Domestic Relations

Fees awarded after second divorce action nonsuited (access required)

Where plaintiff wife nonsuited her 2003 divorce action, her nonsuit of a 2018 divorce complaint against the same defendant husband will be treated as a second nonsuit, entitling defendant to costs and attorney fees under Code § 8.01-380(B). Facts Plaintiff ...

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No jurisdiction in divorce case to issue custody order (access required)

The court lacks jurisdiction to enter a child custody order due to the residency of the parties and their child, and because this court has not previously entered a custody order in this divorce case. Background Plaintiff father and defendant ...

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Response to adultery inquiries required (access required)

The plaintiff in this divorce case must respond to an interrogatory and a request for admission concerning misdemeanor acts of adultery despite invoking his right against self-incrimination. Facts The parties were married in 1996. Plaintiff sued for divorce in January ...

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Despite wife’s long-term relationship, no change in support (access required)

Although the wife was in an exclusive, continuous, monogamous relationship with another man following her separation from husband, because they maintained separate residences, the trial court did not err by holding that husband failed to prove the threshold “common residence” ...

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