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Trial Court Correctly Picked The Much Earlier Separation Date-Intent to Separate Doesn't Have To Be Continuous.

As a matter of first impression, Virginia Court of Appeals Rules That Intent to Separate Not Required To Be Continuous. Continue reading

Posted Aug 27, 2023 at Charlottesville Divorce Lawyer Rob Hagy

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When Arts, Entertainment, and Family Law Collide: Oppenheimer's Admissions of Indiscretion.

Assuming Virginia law applied at the time, Kitty could not have filed suit for divorce on the basis of adultery because there is five-year statute of limitations for adultery actions! Oppenheimer's disclosure occurred in 1954, approximately 11 years after he stayed overnight with Ms. Tatlock. Continue reading

Posted Jul 29, 2023 at Charlottesville Divorce Lawyer Rob Hagy

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When is it NOT Best to Allow a 9-year-old to Testify in a Simple Modification of Visitation Hearing? Is 9 too Young?

This case, Michael Powell v. Melanie Knoepfler-Powell comes out of the Circuit Court of Fairfax County when the father appeals the Custody and Child Support Order entered on entered on May 9, 2022. Mr. Powell argues that the trial court... Continue reading

Posted May 24, 2023 at Charlottesville Divorce Lawyer Rob Hagy

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"It Takes Two to Make a Thing (Marriage) Go Right"

From the Circuit Court of Hanover County comes the divorce case of Jennifer M. Payne v. David Ray Payne, Record No. 0065-22-2. In this matter, on December 16, 2021, the Hanover County Circuit Court entered a final decree of divorce... Continue reading

Posted May 11, 2023 at Charlottesville Divorce Lawyer Rob Hagy

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Voluminous Filings and Amended Pleadings Do Not Necessarily Validate Claims or Assist with a Desired Outcome.

From the Circuit Court of Fairfax County comes Shiye Qiu v. Chaoyu Huang, Anna Ouspenskaya and Arlene Starace. Case No. Record No. 0459-22-4. In this complex divorce case where Mr. Qui believes he is being conspired against by the wife... Continue reading

Posted Apr 20, 2023 at Charlottesville Divorce Lawyer Rob Hagy

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Don't Allow your Ego to Sabotage your Case! Contested Divorces Call for an Attorney to Fight your Battles.

From the Circuit Court in Arlington County comes the appeal of Fox v. Fox, Record No. 1380-22-4, wherein Mr. Fox, pro se husband/appellant appealed the court's judgment granting the motion to remove a motion filed previously and imposing sanctions against... Continue reading

Posted Apr 11, 2023 at Charlottesville Divorce Lawyer Rob Hagy

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The Appeal of Spousal Support Because of a Life Changing Accident Doesn't Necessarily Mean Appellant Prevails

From the Loudoun County Circuit Court, comes record no. 0819-22-4, Frank Howard v. Suzanne Howard. whereby Frank Howard appealed the decision of the Circuit Court that prevented a change in the amount of spousal support agreed upon to be paid... Continue reading

Posted Mar 30, 2023 at Charlottesville Divorce Lawyer Rob Hagy

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Lack of Engagement, Lack of Follow Through and More and More Drugs, lead to Termination of Parental Rights.

Out of Chesterfield County comes this Appeal of a Termination of Parental Rights case. In Cannon v. Chesterfield-Colonial Heights Department of Social Services, father appeals the Termination of Rights ruling from the Circuit Court of Chesterfield County because his motion... Continue reading

Posted Feb 28, 2023 at Charlottesville Divorce Lawyer Rob Hagy

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Broken parental relationships and the importance of the GAL!

This case comes from the Circuit Court in Amherst County. Appellant Christopher Hill disputes both of the Amherst County Circuit Court's decisions to grant custody to the mother and finding there was no good reason to remove and replace the... Continue reading

Posted Feb 20, 2023 at Charlottesville Divorce Lawyer Rob Hagy

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Proving Harm to a Child Must Be More Substantial than an Assumption of Harm!

A party petitioning the court without evidence other than their own strong emotions does not mean they are entitled to the decision they believe is right. In this case, the circuit court's decision stood because the parties were unable to... Continue reading

Posted Jan 25, 2023 at Charlottesville Divorce Lawyer Rob Hagy

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Trial Court’s Award of Attorney Fees to Wife was Reasonable!

In the case of Arastoo Yazdani v. Soraya Sazegar, a published decision from the Virginia Court of Appeals, the judgement of the trial court was affirmed where husband did not clearly and unambiguously waive his right to appeal the issue... Continue reading

Posted Jan 17, 2023 at Charlottesville Divorce Lawyer Rob Hagy

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Mother Agrees to Temporary Paternal Custody for Reunification then Court Awards Father Primary Custody

In the March 8, 2022 case of Cathryn Rose Rainey v. Chad Christopher Rainey, a published opinion, the Virginia Court of Appeals ruled that the trial court did not err in awarding sole legal and physical custody of the children... Continue reading

Posted Jan 17, 2023 at Charlottesville Divorce Lawyer Rob Hagy

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Parental Privilege and Corporal Punishment or Battery, Unnecessary, and Excessive Discipline?

In this case, Tina Dione Woodson v. Commonwealth of Virginia, where a mother was charged with battery for disciplining her 2 12-year-old twins with a belt, the issue is whether the actions were those of unnecessary and/or excessive discipline or... Continue reading

Posted Jan 17, 2023 at Charlottesville Divorce Lawyer Rob Hagy

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The Court of Appeals Did Not Issue Any Family Related Published or Unpublished Opinions Today.

Posted Jan 12, 2023 at Charlottesville Divorce Lawyer Rob Hagy

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Virginia Beach DSS Prevails and Circuit Court's Decision to Terminate Parental Rights is Upheld.

For two years after the birth of her son, Appellant (Mother) tested positive for amphetamines. The son tested positive for amphetamines at birth, as well as being diagnosed with Down's Syndrome. When the Virginia Beach DSS intervened, removed the child... Continue reading

Posted Jan 4, 2023 at Charlottesville Divorce Lawyer Rob Hagy

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Husband's Failure to Follow Rule 5A:B(a) Leads Court of Appeals to Affirm Award of Attorney's Fees.

Husband's Failure to File Transcript or Statement of Facts Results in Affirmation of Large Attorneys Fee Award. Continue reading

Posted Jan 4, 2023 at Charlottesville Divorce Lawyer Rob Hagy

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Richmond City Circuit Court Dismissal of Termination of Parental Rights Case is Reversed in favor of Richmond DSS!

In this termination of parental rights case re the City of Richmond Department of Social Services v. J. Wells and D. Roane (biological parents), the Circuit Court dismissed the termination petition against Ms. Wells and Mr. Roane due to the... Continue reading

Posted Jan 4, 2023 at Charlottesville Divorce Lawyer Rob Hagy

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Appellant Fails to Provide Written Statement of Facts or Transcript and Circuit Court Judgment is Upheld.

In this unpublished case, Shvets v. Shvets, the circuit court's judgement was affirmed as Appellant (Husband) failed to file a transcript or a written statement of facts at the November 23, 2021 hearing. Appellant (Husband) was found in contempt for... Continue reading

Posted Jan 4, 2023 at Charlottesville Divorce Lawyer Rob Hagy

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Wife Fails to Appear at Her Requested Divorce Reconsideration Hearing; Court of Appeals Upholds Circuit Court Decision.

From the Circuit Court for Henrico County comes the divorce case of Grant v. Grant. On November 29, 2021, the circuit court entered a final decree of divorce and granted husband a divorce on the grounds of living separate and... Continue reading

Posted Jan 4, 2023 at Charlottesville Divorce Lawyer Rob Hagy

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Appeals Court Affirms a Fairfax County Circuit Court's Termination of Parental Rights

In a Termination of Parental Rights case where the Fairfax County Department of Social Service prevailed, only the father appealed the decision. Fairfax County DSS v. Odoms proved to be a true best interest of the child case. This case... Continue reading

Posted Jan 4, 2023 at Charlottesville Divorce Lawyer Rob Hagy

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Recent Massachusetts Case Says Stock Options Not Shareable in Divorce Upon Ex-Spouse's New Job.

A recent case from Massachusetts shows that being as clear as possible with your attorney about your wishes when negotiating a separation agreement will help you greatly should a dispute arise later on. In that case, a divorcing couple negotiated... Continue reading

Posted Dec 26, 2022 at Charlottesville Divorce Lawyer Rob Hagy

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Court Voids Romantic Restrictions in Divorce Agreement.

Many divorcing parents are concerned about new romantic interests in the lives of their soon-to-be-ex-spouses and the potential introduction of these strangers to their children. Some may even want to incorporate language into their divorce agreements restricting the ability of... Continue reading

Posted Dec 19, 2022 at Charlottesville Divorce Lawyer Rob Hagy

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Can Divorcing Couples Keep Divorce Records Private?

In the Internet age, we’ve all gotten used to less privacy. But one thing few of us are comfortable with is the idea of our divorce being public. Unfortunately, divorce filings are generally considered a matter of public record. Additionally,... Continue reading

Posted Dec 12, 2022 at Charlottesville Divorce Lawyer Rob Hagy

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Rights of Long-term Unmarried Couples When They Break Up.

Rights of long-term unmarried couples when they break up. In 2018, Brynn Cameron, the longtime girlfriend of NBA star Blake Griffin, sued Griffin for “palimony” after he left her and their children for reality TV star Kendall Jenner. “Palimony” is... Continue reading

Posted Dec 5, 2022 at Charlottesville Divorce Lawyer Rob Hagy

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Exception to Hearsay Rule Allowed - but Trial Court Errs in Striking Irresistible and Impulse Insanity Defense in Wife's Murder!

COURT OF APPEALS OF VIRGINIA Present: Judges Fulton, Ortiz and Raphael Argued at Norfolk, Virginia -WILLIAM WINN KHINE OPINION BY v. Record No. 0900-21-1 JUDGE STUART A. RAPHAEL SEPTEMBER 13, 2022 COMMONWEALTH OF VIRGINIA FROM THE CIRCUIT COURT OF THE... Continue reading

Posted Oct 24, 2022 at Charlottesville Divorce Lawyer Rob Hagy

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