Domestic Relations

Spear v. Omary (P)

The juvenile and domestic relations district court had jurisdiction to modify an award of child support where the plaintiff had earlier withdrawn an appeal from the JDR court to the circuit court. The remand happened automatically by operation of law,… Read More ›

Guan v. Ran (P)

The court lacks jurisdiction to review an injunction that is not effective due to the movant’s failure to post a bond. Here, the order granting a temporary injunction is part of a complex litigation involving the parties’ divorce and the… Read More ›

Owusu-Boakye v. Barr

Because of evidence that the plaintiff’s spouse had previously entered into a sham marriage for the purpose of evading U.S. immigration law, the Board of Immigration Appeals properly denied the plaintiff’s petition to grant his spouse a visa. Record evidence… Read More ›

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 ›

McGinnis v. McGinnis (P)

The circuit court lacked authority in awarding a divorcing wife a lump sum award of $150,000 in “equitable restitution.” Circuit courts are limited to the authority granted to them by statute. Here, the circuit court acknowledged fashioning a remedy neither… Read More ›

Knight v. Ottrix (P)

The circuit court had no jurisdiction to enter an order determining that a father was withholding his consent for his child to be adopted. The child’s long-time custodians petitioned the juvenile & domestic relations court to either (1) accept the… Read More ›