By Rob Hagy, Law Offices of Rob Hagy, P.C., 154 Hansen Road, Suite 202B, Charlottesville, Virginia. Call (434)293-4562 for more information or email for more information at firstname.lastname@example.org. I look forward to helping you!
The information provided on this web blog is public information and is not individualized legal advice. Do not take any legal action on any information contained in this blog!!! Always consulting with an attorney in your state about your legal issues. The presentation of information on this blog does not establish any form of attorney-client relationship with my firm or with me. While I have attempted to maintain the information on this blog as accurately as possible, this information may contain errors or omissions, for which I disclaim any liability. Case law from other jurisdictions discussed here are discussed for comparative purposes only. The author is licensed to practice only in the Commonwealth of Virginia and not in any other state.
Despite the foregoing, this material could be considered to be ADVERTISING MATERIAL. The responsible party for this blog is Robert R. Hagy, II Esq., an attorney licensed to practice law in Virginia, of the Law Offices of Rob Hagy, P.C., whose address is 154 Hansen Rd., Suite 202-B, Charlottesville, Virginia 22911.
I came across this interesting article a few days ago on abcnews.com. A 99 year old man in Italy is divorcing his wife of 77 years after finding letters proving that she had an affair 66 years ago. In Virginia, adultery must occur within five years before the institution of a suit for divorce. So perhaps this elderly gentleman would be unable to prosecute such a case in Virginia.
A good Charlottesville Divorce Lawyer should know the statute of limitations for adultery actions in Virginia in order to best serve his or her clients that are accused of adultery. If you are accused of engaging in adultery and are seeking legal advice, please call my office at (434)293-4562 for help. Thank you.
I found this interesting article today on abcnews.com. When Apple released its new iOS 5 operating system to go with its iPhone 4S, it contained a new app called "Find My Friends". "Find My Friends" permits users to track and meet up with friends by showing their location on a map on your smart phone screen. Apparently, this application permits husbands or wives to track the whereabouts of their husbands and wives and compare that to his or her stated whereabouts as demonstrated in the forum exchange detailed in this article. As a Charlottesville Divorce Lawyer, I am always looking for a way to gain an edge and where used appropriately and legally I can see this application being of great use as an evidentiary and investigative tool in divorce cases. In fact, I have already had a client use it to extract an admission of adultery from a spouse.
Came across this interesting article today on Yahoo.com. Please check out the suggestions near the end of the article for keeping evidence from these sources out of court. Interestingly enough, they forgot one important suggestion: just don't do it!!! My rule is: don't put anything on a social networking site you wouldn't want your grandmother to see or read! Keep everything PG and respectful! Contrary to popular belief you can post too much information!!!!
In the case of Griffin v. Griffin, the Virginia Court of Appeals, in an unpublished opinion, reversed and remanded a trial court’s decision with regard to equitable distribution and spousal support and upheld the trial court's decision with regard to custody of the parties’ children, with regard to a divorce on ground of adultery, and with regard to an award of attorney’s fees. The key issue in the case was the fact that the equitable distribution provisions of the divorce decree entered by the court failed to comply the provisions of 20-107.3. Because it failed to do so, and because 20-107.1-the provision of the Code which deals with spousal support, requires a court to consider its equitable distribution award in making a ruling on spousal support, the trial court's decision on spousal support had to be reversed and remanded by necessity. The trial court's custody and visitation decision was correct even without direct testimony about their preference where there was ample other evidence and information given to the judge concerning the children's preference in the form of the guardian ad litem's report and recommendation. Wife proved post separation adultery as well. Wife hired a private investigator who testified about Husband's overnight stays with paramour. In addition, she supplied additional corroborating evidence from the paramour concerning overnight stays in a hotel with written documentation from the hotel stay on top of that testimony.
In the case of Toth v. Toth, the Fairfax Circuit Court denied a retired husbands request for spousal support as his wife was able to prove adultery with evidence from a private investigator who saw husband coming and going from his girlfriend's home, including an appearance by husband in his underwear.
If you are a spouse and have engaged in adultery and need spousal support, you may be barred from receiving that support. According to Virginia Code Section 20-107.1(B), a spouse who engages in adultery is not entitled to receive spousal support, generally speaking. There is an exception to this rule. A court may award spousal support despite adultery if the court hearing the request for support determines "from clear and convincing evidence, that a denial of support and maintenance would constitute a manifest injustice, based upon the respective degrees of fault during the marriage and the relative economic circumstances of the parties." Manifest injustice may exist where there is a significant difference in the parties' economic circumstances (such as a stay at home mom versus a husband who brings home a six digit annual salary) or where one party is significantly more at fault for the dissolution of the marriage.
In the case of Polemeni v. Polemeni, the Virginia Court of Appeals, in an unpublished opinion, ruled that the trial court correctly granted Husband's request for divorce on the basis of adultery. When Husband returned from military service, he condoned wife's adultery on the condition that she move to New York and end contact with the paramour. However, when husband went back on active duty, wife moved back to Virginia. She said she wasn't sexually active with the paramour when she moved back, but other evidence showed that she called the man her boyfriend, that they talked about marriage, and that the man's car was at her residence late into the night.
Virginia Code Section 20-108.2 This provision of Virginia law sets forth the child support guidelines-a table of reference for determining the base monthly child support obligation.
Virginia Code Section 20-124.3 This statute sets forth the factors that a court will consider in divorce proceedings, temporary proceedings, or modification proceedings to determine what custody and visitation arrangement would be best for the child or children involved.