In MacDougall v. Levick (Case No. CL-2011-4071), the parties thought that they were married. They had their wedding officiated by a rabbi on December 21, 2002. They applied for their marriage license on January 6, 2003. They sent it to their rabbi who received it on January 21, 2003. Their rabbi signed the license with a stated marriage date of January 21, 2003. The license itself was filed with the Clerk of the Fairfax County Circuit Court on February 11, 2003. The parties then lived together as husband and wife for the next 8 years before commencing tumultuous divorce litigation in 2011. What could have gone wrong? Continue reading
Virginia Custody: The Perils of Relocation Illustrated
Say you are the primary physical custodian of your boys, who have lived their entire lives in their hometown and are now 11 and 14 years old. Your kids are doing great. Your kids have a great relationship with you. Your kids have a great relationship with their father, whom you divorced about 5 years ago. Your kids have a nice relationship with your current husband, whom you married soon after your divorce 5 years ago. You have an okay relationship with your ex-husband, although you still have negative feelings towards him stemming from your past relationship. Then, unexpectedly, your current husband’s employer removes his local position, forcing him to take a similar position out of state in Ohio. Can you just move with the kids to Ohio? What do you risk? Well, unfortunately for you, you risk losing custody of your children. Continue reading
We’ll See You In 2014!
A happy new years to everyone! We’ll see you in 2014!
Virginia Custody: Tardies – A Silent Crime Under the Virginia Code
Is it a crime in Virginia for you to allow your children to show up late to school too often? Continue reading
Virginia Spousal Support: What is Cohabitation? (Part 2)
What types of evidence do Virginia courts want to hear to disprove cohabitation analogous to a marriage? Continue reading
Virginia Divorces: Divorce in Popular Culture – It’s Always Sunny in Philadelphia
So I started re-watching some of the earlier seasons of It’s Always Sunny in Philadelphia and noticed that some of the episodes deal with Frank’s divorce. Frank[1] has some fun theories on what to do with his money while his divorce case is pending. Of note, he wants to either give his money away to the poor or otherwise hide it from his wife. Would he be able get away with his schemes if the show was called It’s Always Sunny in Virginia? Let’s see . . .
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Virginia Child Custody: Grandparent Visitation Woes
Can you get court-ordered visitation with your grandchild in Virginia? Yes. Is it more difficult for grandparents? Yes, it is more difficult for grandparents than for parents. It’s much more difficult. Consider the following . . . Continue reading
Virginia Equitable Distribution: Apportioning Debt Discharged in Bankruptcy
Let’s assume that we have a married couple. They jointly own a home and are jointly liable on all debts encumbering it, including the mortgage and home equity line of credit. They are individually and jointly liable on various other debts, including some notable credit card debt. The parties then separate in anticipation of their inevitable divorce. Wife files for divorce. Husband files for bankruptcy. Wife does not file for bankruptcy. Wife’s equitable distribution case is stayed by the trial court until after Husband has his debts discharged pursuant to his bankruptcy filing, including his obligations to the lender of the mortgage and home equity lines of credit encumbering the marital residence. Wife therefore becomes solely liable to the lender for the mortgage and home equity lines of credit. Wife, at their divorce trial, argues that the mortgage and home equity lines of credit are marital debts that the court must apportion between her and Husband. Husband argues that he can’t be held liable on these debts to Wife because his liability was discharged pursuant to his bankruptcy filing and he is entitled to the fresh start that federal bankruptcy law intends to provide debtors like him. So must the trial court apportion the mortgage and home equity line of credit debt between these parties per Va. Code § 20-107.3(E) or does federal bankruptcy law’s fresh start preempt the state trial court’s legislative mandate? Continue reading
Virginia Equitable Distribution: Millionaires, Marital Waste and Spousal Support
Can one spouse pay temporary spousal support by making withdrawals from marital accounts? Can one spouse pay for his attorney’s fees by making withdrawals from marital accounts? Can one spouse pay for his mortgage payments and household expenses from marital funds while the divorce case is pending? Wouldn’t it be unfair for the payor spouse to continue to deposit his work income into his own separate account for his sole benefit moving forward while paying for his various obligations by withdrawing funds from marital accounts that otherwise would be available to the payee spouse at the divorce trial? Continue reading
Virginia Equitable Distribution: Negative Nonmonetary Contributions Illustrated . . . or Why You Should Be Nice to Heather
Can you get a bigger portion of the marital property in a divorce case in Virginia if your spouse has been a jerk throughout the marriage? Continue reading