In Virginia, the spouse requesting spousal support often introduces a worksheet showing his/her monthly income and expenses in the hopes of proving that spouse’s need for support. Given the circumstances, these worksheets often included grossly exaggerated expenses. Moreover, they often include expenses associated with other people, like those paid on behalf of the children or other third parties. So what’s a court to do when determining spousal support when it’s faced with expenses that can be associated with both the spouse and the children? Continue reading
Virginia Engagements: Return of the Engagement Ring Case!
Can you get the return of your engagement ring if the marriage falls through in Virginia? Unfortunately, there is no consensus answer in Virginia. Continue reading
Virginia Custody: Tardies . . . A Crime No Longer
There is a new answer to a question I posed almost a year ago: Is it a crime in Virginia for you to allow your children to show up late to school too often? Continue reading
Virginia Divorces: The Need for Specificity in Settlement Agreements
Quinn v. Irons, Record No. 0851-14-4 (Va. Ct. Appeals 2014) is a case that never should have existed but for a perfect storm of misunderstanding. In that case, the parties entered into a marital settlement agreement, while represented by legal counsel, at the end of an arbitration. The marital settlement agreement included a section entitled “College Savings Accounts,” which provided: Continue reading
Virginia Divorces: Recent Cautionary Tales
The Virginia Court of Appeals handed down two recent decisions that have very interesting fact patterns that the appellate court could not directly address due to some unexpected screw ups. Continue reading
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: Why You Should Hire a Divorce Attorney . . . An Illustration
What’s the worst that can happen to you if you represent yourself in your divorce case in Virginia? Well, let me tell you a cautionary tale . . . 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
Virginia Marriages: Gay Marriage is Legal in Virginia . . . Sorta
Gay marriage is almost legit in Virginia! Let’s very briefly look at the past, present, and the future . . . Continue reading
Virginia Custody: A Poster Case for the Father’s Rights Movement
The father’s rights movement, at its most simplified, believes that the judicial deck is stacked in favor of mothers, whether it be in favoring them in initial custody decisions that leave the father very little time with the children or in applying an onerous child support formula that leaves the father with little funds to make his own ends meet. The movement strongly relies upon anecdotal evidence of otherwise good fathers being treated like mere babysitters in the law’s eyes or being left almost destitute as every penny goes to the mother of a child who uses that money to fund her lifestyle rather than pay for the child’s actual needs. This blogger does not subscribe to this movement, but a recent case would surely give anyone sympathetic to the movement pause . . . Continue reading