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Domestic Relations: Wife awarded 1/3 of equity in marital home
Where the husband was required to disprove wife’s assertion that their home’s increase in value was attributable to martial contributions, his “general argument that the . . . home increased in value due to ‘the economy’ failed to meet [his] burden” because he failed to prove “what amount of equity in the home was attributable to ‘the economy.’” Accordingly the circuit court di[...]
Domestic Relations: Father’s challenge to support obligation is rejected
Where father argued the circuit court should have ordered that mother’s support obligation apply retroactively to the date he served her with his petition to modify support, but the record did not include allow the documents necessary to allow the appellate court to address this issue, the circuit court’s order was affirmed.
Evidence: Trial court wrongly admitted FaceTime recorded conversation
Where Va. Code § 8.01-420.2 prevents admission of a telephone conversation unless all parties consent, this prohibition applied to a FaceTime audio-video recorded conversation.
Court erred in using hearsay to value marital residence
Where the circuit court admitted a tax assessment document and used it to determine the value of the marital residence, it erred. The document was inadmissible hearsay.
Domestic Relations: Evidence supported conclusion that husband committed adultery
Where record evidence supported the circuit court’s decision that husband committed adultery, its decision granting wife a divorce on grounds of adultery was affirmed.
Domestic Relations: Trial court wrongly transferred husband’s debt to wife
Where the trial court required wife to refinance, rather than simply assume, the mortgage on her home that was guaranteed solely by her ex-husband, it erred. The circuit court’s decision had the effect of transferring husband’s debt to wife.
Evicted spouse waived ability to equitably distribute house
Virginia Court of Appeals rules Circuit Court lacked jurisdiction in divorce property claim filed more than 21 days after final decree was entered.
Domestic Relations: Custody award was supported by evidence
Where the circuit court properly considered the statutory factors based on the evidence presented, and found that awarding wife primary custody was in the children’s best interest, that decision was affirmed.
Domestic Relations: Trial court erred in modifying child support
Where the trial court’s interpretation of the parties’ marital settlement agreement upset the intention of the parties, as expressed in the plain language of the agreement, its order modifying the child support award is reversed.
Domestic Relations: Wife’s challenge to property division fails
Where the trial court examined the evidence and considered the statutory factors in distributing marital assets, its decision was affirmed.
Parent and Child: Children claim right to property over second wife
Where father and wife had agreed to divide certain property as part of their divorce, but had not executed the property settlement agreement when father died, the property settlement agreement could not be enforced by the father’s children via a constructive trust or equitable estoppel.
Domestic Relations: Husband waited too long to claim entitlement to marital home
Where the circuit court entered a final order of divorce in 2019, and it did not retain jurisdiction to adjudicate equitable distribution, the circuit court lacked jurisdiction to consider husband’s claim to the marital home that was brought more than 21 days from entry of the 2019 divorce order.
Legal Tech
- AI in practice: How new technology is affecting litigation practice
- Experts foresee legal malpractice risk for those who eschew AI
- Legal Decoder launches AI-powered billing analytics interface
Verdicts & Settlements
- Negligence and Tort – E-bike collision leads to neck injury, psoriasis flare
- Motor Vehicle Negligence – ‘Daydreaming’ driver hit plaintiff walking by road
- Motor Vehicle Negligence 92-year-old dies after being hit by vehicle
- Motor Vehicle Negligence – Motorcyclist suffers severe injuries in vehicle accident
- Medical Malpractice – Patient dies after alleged improper medicine admin
Opinion Digests
- Civil Procedure – Circuit court lost jurisdiction 21 days after final order
- Municipal – City has sovereign immunity against commercial owner’s claims
- Criminal – Speedy trial violation results in conviction being reversed
- Criminal – Defendant convicted of assault and battery of a law enforcement officer
- Landlord and tenant – 2019 amendment to Virginia Code didn’t apply retroactively
- Criminal – Defendant attempts to burn house using fireworks
- Criminal – Man convicted of abducting girlfriend
