Virginia Court Decisions
Family Law - Marital Property Division

2701071 Divorce, Marital Property, Equitable Distribution - Shahla Rahnema v. Mansur Rahnema 06/10/2008
Summary affirmance - Court finds appellant's issues waived where she failed to provide sufficient principles of law, argument, or citation to legal authorities to fully develop arguments, failed to provide adequate record of trial proceedings to enable Court to understand nature of appeal and underlying facts, and failed to prove issue raised preserved under Rule 5A:18

2899071 Divorce, Property Settlement Agreement; Separation Agreement - Amy Jo Riggin Custis v. Elvin Richard Custis, III 06/10/2008
Trial court erred in finding it lacked the authority to enforce payment of marital debt through its civil contempt powers where separation and property settlement agreement was incorporated into final decree of divorce

0032084 Divorce, Separation Agreement, Marital Property -Joseph F. Korpsak v. Regina A. Korpsak 06/03/2008
Summary affirmance - decision of trial court upholding the separation agreement affirmed where appellant failed to present a sufficient record of evidentiary hearing in trial Court of Appeals

0667073 Divorce, Marital Property, Equitable Distribution, Spousal Support - Robert Howard Carrington v. Mary Ela Draper Carrington 05/20/2008
Trial court did not err in entry of final divorce decree; no error in its findings regarding granting divorce on no-fault grounds, finding appellant's testimony exaggerated & histrionic, classifying marital property, in its equitable distribution of parties' property, and in failing to award appellant spousal support

2527073 Divorce, Marital Property - Linda Martin Stokes v. James Willis Stokes, II 05/20/2008
Summary affirmance -counsel signed divorce decree "Seen and Objected to" without specifying any objections to findings regarding marital home; based on record before this Court, no evidence trial court abused its discretion in refusing to set aside the decree and rehear evidence based on motion to rehear filed on twenty-first day after entry of final decree

062368 Purce v. Patterson -  Divorce Property Division - 01/11/2008
The trial court did not err in ruling that an estranged husband was not eligible for an elective share of the spouse's augmented estate under Code § 64.1-16.3. The record shows that both before and after the parties separated, the husband showed none of the normal indicia of supporting his spouse or of the marital relationship. The evidence was sufficient to support the trial court's holding that he abandoned his wife prior to and continuing until the time of her death under Code § 64.1-16.3. Accordingly, the judgment of the trial court that he was not eligible for an elective share of the wife's augmented estate is affirmed.

1833074 Timothy Todd Buch v. Laura Jeanne Buch - Spousal Support, Child Support, Equitable Distribution, Divorce - 03/25/2008
No error in trial court's award of spousal support, child support, and equitable distribution in final divorce decree

0853074 Joan Sherman v. William Sherman - Equitable Distribution, Marital Property, Spousal Support, Pension benefits, Attorney Fees - 03/04/2008
Trial court erred in its equitable distribution award when it failed to account for a gift given to appellant towards the purchase of the marital home and, thus, erred in failing to calculate appellant's share of the marital home and when it failed to consider appellee's negligence resulting in debt paid from marital assets

0889071 George P. Barrett, Sr. v. Henrietta A. Gibbs-Barrett - Spousal Support, Property Settlement Agreement, Marital Property - 02/26/2008
No error in trial court's classification of equity attributable to appellant's post-separation mortgage payments as appellee's based on appellant's fully performed agreement to pay the mortgage in lieu of support and no error in trial court's award of the marital portion of the residence to appellee

0546072 Bonnie F. McCauley v. Ray P. McCauley, Jr. - Divorce, Desertion, Marital Property, Spousal Support, Pension Benefits, Retirement Accounts - 02/19/2008
No error in order granting divorce to appellee on grounds of desertion, awarding appellant less than fifty percent of marital property, in the defined duration award of spousal support, in not assessing part of appraisal costs against appellee, and awarding appellee a portion of appellant's retirement account

1273074 Ronald D. Wolfe v. Stephanie A. Arthur - Child Support, Property Settlement Agreement, Marital Property, Attorney Fees - 03/18/2008
Trial court erred in its calculation of child support arrearages due to appellee under the parties' marital settlement agreement; based on that error, issue of interest due on that arrearage award and matter to attorney's fees remanded to trial court for reconsideration

1498073 John Victor Dritselis v. Mary Tsakires Dritselis - Spousal Support, Attorney Fees, Marital Property - 03/18/2008
Summary affirmance - no error in trial court's award of spousal support and attorney's fees to appellant

0546072 Marital Property, Grounds for Divorce, Dessertion, Spousal Support, Retirement Accounts, Attorneys Fees - Bonnie F. McCauley v. Ray P. McCauley, Jr. 02/19/2008
No error in order granting divorce to appellee on grounds of desertion, awarding appellant less than fifty percent of marital property, in the defined duration award of spousal support, in not assessing part of appraisal costs against appellee, and awarding appellee a portion of appellant's retirement account

1501073 Marital Property Division - Anne Boudwin v. J. Thomas Catania 01/29/2008
Summary affirmance - no error in trial court's denial of appellant's "Motion for Various Relief" pertaining to sale of marital home

0510074 Pension/Property Division & Spousal Support - Letha J. Shannon v. Dennis F. Shannon 01/15/2008
No error in trial court's equitable distribution of parties' property wherein it refused to award appellant a portion of appellee's military pension, refused to impute income to appellee, refused to award appellant current spousal support, and refused to award appellant attorney's fees; trial court did not err in refusing to award appellee portion of appellant's pension

0536071 Marital Asset Division & Spousal Support - Randolph S. Thomas v. Kathy P. Thomas 01/15/2008
No error in trial court's discretionary decisions based upon reasonable debatable factual disputes regarding equitable distribution, spousal support, and attorney fees and costs

2548064 Property Settlement Agreement - Rebecca R. Donofrio v. Edward Donofrio 01/15/2008
Trial court applied an incorrect standard of proof in determining appellant submitted a forged property settlement agreement; matter remanded to trial court for further proceedings

0547072 Divorce Marital Property Division - Robert Waverly Roper v. Nancy Chenault Roper 12/27/2007
Trial court did not err in awarding wife 45% of marital residence, in refusing to grant husband divorce on ground of constructive desertion, and in refusing to award husband attorney's fees

2219063 Marital Property Division - Steven Douglas Nack v. Debra Dickerson Edwards Nack 09/11/2007
No error in trial court's classification of investment portfolio, buffalo, and assorted farm equipment as marital property; trial court erred in its classification of two vehicles as marital property

1864064 Equitable Property Distribution - William Cochran Harrison v. Evelyn Greene Harrison 08/28/2007
Trial court erred in its equitable distribution of parties' property where it divided an asset whose value could not be determined after presentation of evidence by parties

1995064 Real Property Division - Kent D.M. Burstein v. Anne M. Morriss 08/14/2007
Trial court did not err by denying appellant an interest in proceeds from the sale of real property purchased before the marriage by wife and her father, in not diminishing appellant's statutory burden of proof to establish that interest, and in not granting appellant credit for mortgage principal paydown associated with that real property

0042074 Divorce Marital Property Distribution - Jerry Lee Miller v. Ruby Mae Yates Miller 05/22/2007
Summary affirmance - trial court's order finding it had no jurisdiction to reopen the divorce proceedings in order to equitably distribute the parties' marital property is summarily affirmed

2108062 Property Settlement Agreement - Cheryl A. Concannon v. William Gladstone 05/08/2007
Trial judge erred by appointing a special commissioner to seek financing and by not issuing a judgment on the full sum due to appellant under the property settlement agreement's employment obligations; trial judge did not err by declining to award interest on the principal sum; judgment affirmed in part, reversed in part, and remanded

2547062 Real Property Dispute - Deborah Y. Lange v. August F. Lange, Jr. 05/01/2007
Appeal dismissed as moot as husband and wife settled the dispute over the real property in their July 20, 2006 settlement agreement

2988061 Marital Property Division - Ruth V. Chamberliss v. Melvin Chamberliss, Sr. 04/10/2007
Summary affirmance - issue raised on appeal is barred by Rule 5A:18 - pension not included in parties' list of properties when classifying properties as separate or marital.

0740064 Property Settlement Agreement - Diane Barker, f/k/a Diane Hutson-Wiley v. James Hutson-Wiley 03/20/2007
Trial court did not err in denying the admission of parol evidence to establish the meaning and intent of ambiguous language in the property settlement agreement and in holding that husband's spousal support obligation terminated upon wife's remarriage, pursuant to Code Section 20-109(D)

1165064 Equitable Property Division - Lowell F. Smith v. Alice L. Thornton-Smith 03/06/2007
Judgment pertaining to the rulings classifying the Arlington and Berryville properties and the award of attorney's fees to appellee are affirmed; judgment pertaining to the classification of the Volkswagen is reversed and this matter is remanded to the trial court to reexamine the equitable distribution award

1787063 Property Settlement Agreement - Michael F. Coloccia, By and Through His Next Friend, Cynthia Cortese v. Lorna D. Coloccia 03/06/2007
Trial court's refusal to set aside the property settlement agreement is affirmed as the evidence supports the trial court's finding that husband failed to prove by clear and convincing evidence that he was incompetent when he executed the property settlement agreement

0498062 Marital Property Division - Vicky Scott McGinniss v. John L. McGinniss 12/28/2006
Judgment declining to award appellant the survivor annuity benefit to appellee's pension and in refusing to re-refer that issue to the commissioner in chancery are affirmed; judgment limiting appellant's marital share of appellee's pension benefits to a fixed amount as if appellee had retired on the date of separation is reversed, and this matter is remanded to the trial court

3028052 Property Settlement - Stephen L. Bryant v. Kerren B. McDougal 11/21/2006
Trial court erred in determining that the parties' oral agreement constituted a valid property settlement agreement under Code Section 20-155; judgment of the trial court is reversed and the case is remanded

052609 Property Division - Haley v. Haley 11/03/2006 (Supreme Court of Virginia)
In elective share litigation pursued by the surviving spouse of a Virginia decedent, the trial court did not err in finding that the spouse failed to strictly comply with the requirements of Code § 64.1-13 by filing a properly acknowledged claim for an elective share of her deceased husband's estate. A subsequent attempt to file a properly acknowledged claim was outside the six-month time period required by the Code and therefore also failed as a matter of law. The judgment of the trial court sustaining a demurrer to her claim is affirmed.

2333051 Spousal Support & Property Division - Debra Diane Scranton Robbins v. Joseph Allen Robbins 08/01/2006
Error in trial court's equitable distribution award and spousal support award; judgment is affirmed in part, reversed in part, and remanded to the trial court

0913054 Property Division - John Keeling v. Elizabeth Minter Keeling 01/24/2006
This Court holds that the trial court's method of classifying the increase in value of the property was not error

A Richmond, Virginia, family law firm since 1961

Jennings and Jennings
Virginia Marital Property Division Attorneys
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Midlothian, VA 23112
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