A 2018 circuit court ruling dramatically limiting the scope of motions craving oyer may be an “outlier,” but a Norfolk judge still refused to allow the ancient motion to compel documents in a malicious prosecution case. Circuit Judge Everett A. ...

Tagged with: Domestic Relations Judge Everett A. Martin Jr. Oyer

A Fairfax County judge says he will enforce a prenuptial agreement that keeps a divorcing husband’s business assets out of the reach of his wife. The wife failed to show her agreement to the prenup was either involuntary or unconscionable, ...

Tagged with: Domestic Relations Fairfax County Circuit Court Judge Brett A. Kassabian

Where the trial court granted wife a reservation to seek future spousal support, the record does not support husband’s claim that the reservation was incorrectly granted because wife’s “desertion and cruelty” was responsible for destroying the parties’ marriage. As an ...

Tagged with: Domestic Relations Judge William G. Petty Virginia Court of Appeals

Even though husband earned more than wife, the trial court correctly denied her support request because husband did not have the ability to pay. Further, given that husband had to borrow $80,000 to pay for his divorce litigation, wife’s request ...

Tagged with: Domestic Relations Judge William G. Petty Virginia Court of Appeals

The trial court erred by not awarding retroactive child support because the applicable statute requires that child support liability be calculated from the date the proceeding commenced. Wife challenges the effective date of the court’s child support order. “[T]he trial ...

Tagged with: Domestic Relations Judge William G. Petty Virginia Court of Appeals

Even though a father had a protective order in place against the mother, a circuit judge still was within his discretion to order joint legal custody of the divorced couple’s child, the Court of Appeals has ruled in a case ...

Tagged with: Domestic Relations Judge Bruce D. Albertson Judge Mary Grace O'Brien Rockingham County Circuit Court Virginia Court of Appeals News

A Fairfax County judge has sided with a clinical psychologist who declined to turn over a teen’s mental health records in response to a subpoena in the parents’ divorce case. The psychologist said disclosure before a custody hearing could cause ...

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

Where a child with Asperger’s Syndrome had lived with the maternal grandparents for the majority of his life, and his mother was not able to care for him and his father was prohibited from having contact, it was in the ...

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

Where a wife asserted multiple challenges to the trial court’s order holding her in contempt for failure to make payments to her former husband, the circuit court possessed the jurisdiction to enforce its final order and issue further orders and ...

Tagged with: Domestic Relations Judge Mary B. Malveaux Virginia Court of Appeals

Where the evidence supported the trial court’s order holding the husband in contempt for failing to pay spousal support to his former wife, the order was affirmed. However, because there was no legal basis for awarding the wife attorneys’ fees, ...

Tagged with: Domestic Relations Judge Richard Y. AtLee Jr. Virginia Court of Appeals