Domestic Relations

Hyat v. Hina

The court lacks jurisdiction to enter a child custody order in this divorce action. A prior order from the Fairfax Juvenile and Domestic Relations District Court determined child custody within six months after the child left the Commonwealth. At this time,… Read More ›

Wallington v. Wallington

In this divorce case, the couple was legally married despite initial circumstances of bigamy. Although the parties’ marriage initially was void due to the wife’s prior marriage, applicable Texas law breaths life into a void marriage under certain conditions. Here,… Read More ›

B.B. v. T.B.

In this divorce case, the plaintiff has no valid Fifth Amendment privilege against self-incrimination as to any acts of adultery that occurred more than one year ago. In Virginia, adultery is a Class 4 misdemeanor, punishable by a fine of… Read More ›

Marsh v. Curran

A plaintiff has sufficiently alleged intentional infliction of emotional distress arising from surreptitious recordings of his private conversations, which he claims were made by his ex-wife and her family and lawyers for use in their divorce proceedings. He has also… Read More ›

In re A.V.T.-A.

The court granted a mother’s petition to change her 7-year-old daughter’s surname to include the name of the girl’s stepfather. The daughter’s current surname is a hyphenation of her mother’s maiden name and her biological father’s surname. Her new surname… Read More ›

Garza v. Garza (U)

The circuit court’s equitable distribution ruling was largely correct, but it erred in awarding the wife both a 50-percent share of the husband’s Thrift Savings Plan and a monetary award from a residence the husband purchased after the separation, which… Read More ›

Gregory v. Martin (U)

The circuit court applied the wrong standard in finding that a mother withheld her consent contrary to the child’s best interests and in denying her motion to amend visitation. Mother asked for “some type of visitation” to “reestablish a relationship”… Read More ›

Parham v. Parham (U)

An ex-husband was “voluntarily underemployed” after he was terminated for cause from a position in which he earned more than $340,000 per year, then took the same position with another employer for only $162,000 per year. The circuit court’s decision… Read More ›