Domestic Relations Flashcards
When may a VA court grant a divorce?
When one of the spouses is a Virginia domiciliary and has been a bona fide resident of VA for at least 6 months
July 2013
What are the preferred venues for divorce?
- Where the couple lived
- Where D lives
- If D is out of state, where P lives
July 2013
When may a no-fault divorce be granted?
When the parties have been living separate and apart without any cohabitation and without interruption for:
* One year OR
* 6 months and have a separation agreement (+ no child)
July 2013
What does it mean for parties to leave separate and apart?
(1) There is a physical separation and (2) at least one of the parties intends to and does remain permanently apart
July 2013, Feb 2016, Feb 2018
When may incarceration be a ground for divorce?
When: (1) the conviction occurs subsequent to marriage; (2) sentence to confinement for more than one year; and (3) cohabitation not be resumed after knowledge of such confinement
July 2013
May a party be served by publication in a divorce action?
Yes–it is an in rem action, so if party complies with requirements of notice by publication that notice is sufficient to give court power to grant a divorce
What is required for a court to adjudicate the incidents of marriage (e.g., spousal support)?
In personam jurisdiction–must have jurisdiction over both spouses
July 2016
What must a nonparent (e.g., grandparent) show to override the parents’ objection to visitation?
Must show that: (1) not only would visitation be in best interest of child BUT ALSO (2) denial would cause detriment to the child
Feb 2017
Is a parent entitled to visitation after a court grants joint custody, but primary physical custody to one?
NO–visitation may be part of the order, but doesn’t have to be; if not specified, it’s generally up to the parents to determine visitation
* Look to best interests of the child (is the spouse in custody basing decision to withhold visitation on best interests)?
Feb 2017
Does a parent presumptively have rights to visit their child just based on parenthood?
YES–if in the best interest of the child
* BUT that can be terminated if paternity in dispute or parent poses a danger to the child
Feb 2017
Where should a party direct their appeal after J&DR court renders decision?
To circuit court within 10 days of J&DR’s final order
* Within 30 days must pay writ tax, court costs, and post a bond that the court deems sufficient
Feb 2017
Does resumption of sex after a period of living separate and apart push back the date for a no-fault divorce?
Not necessarily–must constitute a resumption of cohabitation, which means you must look to intent of the parties
Feb 2018
If a couple is married and the mother has a child that turns out to be the child of someone else, is the husband bound to pay child support upon divorce?
YES–unless and until a court relieves him of the obligation to do so
* If parties were married when child is born, raises presumption the child is father’s
* Child’s name on birth certificate raises presumption the child is the father’s
* May challenge this presumption through genetic testing
Feb 2018
When does the court commit error with respect to fashioning spousal support and child support obligations?
When it fails to consider the statutorily enumerated factors (i.e., look for a blank order without reasoning)
* MUST MAKE FINDINGS IN THE COURT ORDER
Sept. 2020
Describe the relationship of JDR and CC with respect to custody/child support orders
It is concurrent
* After JDR issues custody or support, divested of JX when party files suit for divorce asking for custody and support only after hearing set by CC for date certain or matter on motions docket to be heard within 21 days of filing
* EVEN IF SET FOR HEARING, JDR continue to has JX to enforce its valid orders prior to entry of conflicting order of CC
July 2022
