Charlottesville Divorce Lawyer Rob Hagy

Dying Declaration Exception Still Alive and Well in Virginia.

Yesterday, in the case of Satterwhite v. Commonwealth, the Virginia Court of Appeals, in a published opinion, reaffirmed the existence of the dying declaration exception to the hearsay rule by permitting statements by a shooting victim (who died from his injuries) to his girlfriend into evidence during a murder trial.  Unfortunately, I could see this exception come into play in some domestic or criminal cases I work on given the high incidence of domestic violence.

Great Article on Prenups in the Wall Street Journal.

Just had a chance to read this great article on prenups by Mary Pilon of the Wall Street Journal.  Take a look.

Transferring Marital Share of Retirement Accounts in Lieu of Installment Payment of Monetary Award Proper.

In Johnson v. Johnson, the Virginia Court of Appeals, in a published decision, ruled that a trial court did not abuse its discretion in permitting husband to satisfy an installment payment of a monetary award to wife by transferring his marital share of his retirement accounts pursuant to Code § 20-107.3(D) and in declining to award attorney’s fees to wife; issue regarding expert witness’ fees is waived for failing to comply with Rule 5A:20(e). The court was clearly authorized by statute to do this and stated that this method of satisfying its equitable distribution award would be considered in the parties' divorce decree.  It didn't matter that the wife would receive much less than she was actually awarded if she cashed out the retirement accounts because of the tax implications of cashing out the retirement accounts.  According to the judge, what mattered was the value she was getting, not the cash in hand she could get if she cashed the accounts out.