Virginia Name Changes: A New Name Change Case!

Assume that a child is born to unmarried parents.  The child’s surname at birth is her mother’s maiden name.  The child’s mother later gets married to another man and she takes on his surname.  The child’s surname remains unchanged.  So, moving forward, the father has one surname, the mother has another surname, and the child has another surname as well.  Should the father, who is the primary physical custodian of the child, be able to change the child’s surname to his surname so that the child’s surname matches at least one of her parent’s?   Doesn’t my old blog post at least intimate that there is some argument that the name change can be granted despite not meeting any of the Flowers factors?[1] Continue reading

Virginia Divorces: Proving Adultery Through the Paramour

Can your paramour be made to testify about your sexual relationship at your divorce trial?

In Davis v. Davis (Case No. CL13-7696) (Norfolk), the wife’s paramour was deposed by husband’s counsel.  The paramour refused to answer questions related to his relationship with the wife.  The paramour justified his refusal by invoking his privilege against self-incrimination.  In particular, he claimed he could be prosecuted for “fornication, prostitution, or consensual sodomy.”  The husband’s counsel moved to compel the paramour’s testimony on the ground that there was no legitimate chance of incrimination. Continue reading