Domestic Relations

Question 15

Virginia courts have jurisdiction over a divorce when

Answer 15

one spouse is domiciled in Virginia and a bona fide resident for at least six months

Question 16

The chancery side of the circuit has jurisdiction over which types of cases?

Answer 16

Divorce, Annulments, and Affirmation of Marriage Claims

Question 17

If a filing spouse wants any collateral remedies beyond a divorce decree (alimony or property division) then the court needs

Answer 17

personal jurisdiction over the other spouse

Question 18

In divorce, the preferred venues are:

Answer 18

1. where the couple lived
2. Where the defendant lives
3. If the defendant is out-of-state, where the plaintiff lives

Question 19

What is a legal separation called in Virginia?

Answer 19

Divorce a Mensa et Thoro (Divorce from Bed and Board)

Question 20

What is an absolute divorce called in Virginia?

Answer 20

Divorce a Vinculo Matrimonii

Question 21

What are the fault based grounds for Divorce a Vinculo Matrimonii?

Answer 21

1. Adultery, Sodomy, Buggery
2. Felony Conviction of more than 1yr
3. Desertion more than 1yr
4. Physical Cruelty
5. Mental Cruelty

Question 22

What is cruelty?

Answer 22

acts that tend to endanger the health and life of a spouse and renders the spouses living together unsafe

Question 23

What is recrimination?

Answer 23

the complaining spouse is guilty of a similar offense that constitutes a fault-based ground for divorce of the same degree

Question 24

What are the affirmative defenses to fault-based grounds for divorce?

Answer 24

1. condonation (waiver)
2. connivance
3. recrimination
4. 5 year limitations for adultery

Question 25

What is the statute of limitations for adultery, sodomy, or buggery?

Answer 25

5 years since the wrongful act

Question 26

A no-fault divorce can be granted if:

Answer 26

1. both parties agree
2. there are no children and
3. they can negotiate a separation agreement that resolves the collateral economic issues

Question 27

How long must a couple seeking a no-fault divorce separate and live apart if all three no-fault conditions are met?

Answer 27

six months

Question 28

How long must a couple seeking a no-fault divorce separate and live apart if one of the no-fault conditions is not met?

Answer 28

one full year

Question 29

In Virginia, separate property is

Answer 29

1. all property acquired prior to the date of marriage
2. any gift or inheritance received by one spouse in their sole name during the marriage
3. property acquired after separation
4. pain and suffering recoveries
5. passive appreciation from separate property

Question 30

What is passive appreciation?

Answer 30

An increase in value due solely to the increase in time and market forces

Question 31

When one type of property is contributed to another, the contributed property

Answer 31

retains its original classification as long as it is traceable

Question 32

Does Virginia consider fault when determining property division?

Answer 32

Yes, even if divorce is on a no-fault basis.

Question 33

What does the court have to do for dividing pensions?

Answer 33

comply with the special rules imposed by federal law

Question 34

Is alimony based on need or fault?

Answer 34

Need

Question 35

What is alimony pendente lite?

Answer 35

When the court awards alimony payments during the pendency of litigation

Question 36

What factors do courts consider in making an award for alimony?

Answer 36

1. Age and physical and mental conditions of the parties
2. job skills/education/training
3. earning capacity, obligations, needs and financial resources of the parties
4. contributions each party made to the family
5. property interests of the parties
6. division of marital property
7. tax consequences of each party
8. standard of living established during marriage
9. duration of marriage
10. other relevant factors

Question 37

In Virginia, adultery is an absolute bar to

Answer 37

alimony unless denial would result in “a manifest injustice”

Question 38

Periodic Alimony awards may be modified it there is

Answer 38

a change in circustances

Question 39

Parentage must be proven by

Answer 39

clear and convincing evidence

Question 40

A child’s home state is the state where

Answer 40

the child has lived with a parent for at least six months or since birth if the child is under six months old

Question 41

The court that made the initial child custody or visitation determination has

Answer 41

continuing and exclusive jurisdiction to modify the order until:
1. neither the child nor either parent reside in the state
2. the child no longer has a significant connection with the state and substantial evidence relating to the child is no longer available in the state

Question 42

What two issues should be considered when considering joint custody?

Answer 42

location and the parents ability to cooperate

Question 43

When a nonparent petitions for custody, they typically must show that

Answer 43

the biological parent is unfit