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 ...

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

A father’s renovation of his home, which allowed for his children to have their own bedroom and bathroom, was a significant change in circumstance that justified reinstating the overnight visitation that had initially been agreed to in the divorce decree ...

Tagged with: Domestic Relations Per Curiam Opinion Virginia Court of Appeals

Where the juvenile and domestic relations court denied appellant’s request to modify a child support order and he appealed to the circuit court but later withdrew it, the JDR court did not lose jurisdiction to modify the support order. Even ...

Tagged with: Domestic Relations Published Order Supreme Court of Virginia

Where a husband and wife separated for more than a year after the wife discovered photographs of the husband cross-dressing, the wife was entitled to a fault-based divorce on the grounds of constructive desertion. Background Daniel Jason Rakes and Teresa ...

Tagged with: Domestic Relations Judge Glen A. Huff Virginia Court of Appeals

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 ...

Tagged with: Domestic Relations Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

The 2019 General Assembly was good for kids, to hear reports from child advocates and family law attorneys. Legislators approved and funded a plan to boost oversight of largely autonomous local welfare offices that run Virginia’s foster care system. The ...

Tagged with: Domestic Relations Family Law General Assembly

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 ...

Tagged with: Domestic Relations Fairfax County Circuit Court Judge Michael F. Devine Virginia Circuit Courts

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” ...

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

By remaining with the couple’s children in South Korea and refusing to return to the United States, the mother denied the father access to the children, a fact that was properly considered by the trial court in granting the father ...

Tagged with: Domestic Relations Judge Robert J. Humphreys Virginia Court of Appeals

By remaining with the couple’s children in South Korea and refusing to return to the United States, the mother denied the father access to the children, a fact that was properly considered by the trial court in granting the father ...

Tagged with: Domestic Relations Judge Robert J. Humphreys Virginia Court of Appeals