Virginia Family Law

Front 1

What are the two types of divorce decrees in Virginia?

Back 1

Mensa et Thoro (from Bed and Board, Separation); A Vinculo (Absolute Divorce)

Front 2

What are the grounds for Separation?

Back 2

Cruelty, Fear of Harm, Abandonment, Desertion

Hint 2

Those hanging CHADS just won't SEPARATE

Front 3

What must be found for cruelty or fear of harm?

Back 3

threat of bodily harm; dangerous cohabitation; danger to life and limb

Front 4

What are some typical activities that (standing alone) will not give rise to a finding of cruelty?

Back 4

Alcoholism, denial of sexual intercourse (unless permenant and unjustified), eviction, differences in personalty, general unhappiness
PAUSE

Hint 4

PAUSE before acting CRUELY

Front 5

Is a single instance of bad behavior enough to support a claim of cruelty?

Back 5

No, usually must be successive unless the act is expecially heinous or threatens serious harm or death

Front 6

What must be proven to show abandonment?

Back 6

1) discontinue co-habitation; 2) with intent to desert

Front 7

How long must one be away from the home to give rise to a claim of abandonment?

Back 7

It does not matter, any time will matter, the intent at departure is what matters

Front 8

Will every departure with intent not to return give rise to claim of desertion?

Back 8

No, if at the time of the departure there are GROUNDS for divorce; the remaining spouse makes remaining intolerable (the raging BITCH); mutual CONSENT; pending DIVORCE
BiG CoD

Hint 8

What do you NOT want for DESSERT, a BiG CoD

Front 9

How long do you have to wait before filing for separation?

Back 9

No waiting period

Front 10

What are the grounds for divorce?

Back 10

Adultry, Conviction of Felony, Cruelty or Desertion

Front 11

How long must you wait before filing for divorce based on adulty?

Back 11

No waiting period

Front 12

What is the standard for proving adultry?

Back 12

Clear and convincing evidence

Front 13

What must occur before a divorce based on conviction of a felony may be had?

Back 13

1) felony conviction; 2) one year sentence; 3) one year confinement; 4) no co-habitaiton after notice of confinement

Front 14

What is the difference between cruelty and desertion in the separation and divorce contexts?

Back 14

In the divorce context must wait one year after relevant act before filing

Front 15

What is constructive desertion?

Back 15

Where one spouse through their cruelty forces the other to leave the marital home

Front 16

How must the desertion period run?

Back 16

Continuous, though a single sexual iterlude without intent to reconcile doesn't matter

Front 17

What happens if a spouse fails to follow their spouse to a new residence, is that desertion?

Back 17

Not if the non following spouse is justified in not following their spouse, because of the departing spouses conduct

Front 18

What are the pre-requisites to a no fault divorce?

Back 18

1) a one year uninterupted separation; 2) if no kids and written separation agreement a six month separation

Front 19

What state of mind must the parties have at the time of the initial seperation in order for availability of a no fault divorce?

Back 19

At least one party must have intended to be seperated permenantly

Front 20

How can seperation prior to a no fault divorce be proven?

Back 20

It must be proven by specific evidence, not only representations of counsel

Front 21

What are the defense to fault divorce?

Back 21

Connivance, Collusion, Condonation, Recrimination, Special Adultry Defense

Hint 21

Adultry defensive driving = C3ARs

Front 22

What is Connivance?

Back 22

Approval and encouragement of the fault

Front 23

Waht is Collusion?

Back 23

A fraud committed on the court by the parties

Front 24

What is Condonation?

Back 24

Forgiveness of the specific act without later re-offense

Front 25

What is Recrimiation?

Back 25

Two bads don't make a right

Front 26

What is the special rule relating to Recrimination?

Back 26

The bad act of the other party must be within the grounds for the type of divorce sought, ie. separation or absolute divorce

Front 27

What are the special defenses relating to adultery?

Back 27

wimps, temps, and pimps
1)co-habitation with knowlege of the offense; 2)more than five years ago; 3) the claiming spouse coordinated or encouraged the affair

Hint 27

Who can't claim adultery? wimps, long temps, and pimps

Front 28

What is the rule of coroboration?

Back 28

The divorce must be coroborated by either third parties or proof independent of the parties, though where there is no evidence of collusion the proof need only be slight

Front 29

What is the exception to the rule of coroboration?

Back 29

Defense to desertion need not be coroborated

Front 30

How does a separation decree affect an ability to seek a divorce decree?

Back 30

It does not, unless the party seeking the separation knew of the facts supporting an absolute divorce at the time of filing for separation

Front 31

Is a separation decree revocable?

Back 31

Yes at any time, but the parites must formerly request revocation, also if the action is filed and not acted on for five years it is withdrawn

Front 32

What is the rule of merger?

Back 32

A seperation request can merge to absolute divorce at request for either party is any time during proceedings they become seperated for one year, without reconciliation, is six months if written separation agreement and no kids

Front 33

What special rights do servicmen have relative to divorce proceedings?

Back 33

the court can stay and must stay proceedings upon request of a serviceman unless the court finds that the ability to prosecute or defend is not materially affected by service

Front 34

Can the court exclude a spouse from their home?

Back 34

Yes, upon reasonable aprehension of harm to the excluding spouse; if ex parte for 15 days after service on exclude spouse, but can be extended in 15 day increments

Front 35

What responsibility does the court have in an equitable distribution case?

Back 35

1) Determine value of property; 2)Catagorize property; 3) Determines rights in marital property; 4) Determine amount of award
VCR-A

Hint 35

The judge distributes VCR-A

Front 36

What kind of equitable distribution state is VA?

Back 36

Dual property

Front 37

What is typically characertized as "seperate property"?

Back 37

1) Acquired before marriage;
2) Behest or gifts;
3) Property exchanged for seperate property;
4) Property acquired after seperation.
BEGS

Hint 37

He BEGS the court to find that its seperate

Front 38

How can seperate property become marital property?

Back 38

Marital effort increases the value

Front 39

Who bears the burden of proving that increases of value were passive?

Back 39

The party seeking to classify gains as seperate property

Front 40

What is marital property?

Back 40

1) Jointly Titled Property; 2) Property acquired during marriage

Front 41

What is the effect of classifying property as marital?

Back 41

It merely indicates that the court must consider whether to divide the property amoung the parties in an equitable manner

Front 42

What is transmutation?

Back 42

Changing seperate property to marital property by intermingling

Front 43

What is the source of funds doctrine?

Back 43

To the extent that seperate contrinuted to acquire marital property, without donative intent, the contributing spouse retains a proportionate seperate share of the property, if can prove source of funds by a preponderence of the evidence

Front 44

How does the court deal with jointly held property?

Back 44

1) convey to one party; 2) order sell to one party; 3) order public or private sale

Front 45

What factors must be considered when issuing a money award, based upon non-jointly owned property?

Back 45

1) Contributions to family and value of property;
2) Duration of marriage, ages;
3) Circumstances of divorce;
4) How property was acquired;
5) Parties Debts;
6) Marital share of work benefits;
7) Liquidity of property;
8) Tax effects;
9) Other factors
Pension, Liabilities, Age/Duration, Contributions, Circumstances, Other, how Acquired, Taxes

Hint 45

Give me a MONEY AWARD not that PLAD C2OAT

Front 46

How does marital debt affect marital assets?

Back 46

It can be deducted

Front 47

How can waste of assets be considered?

Back 47

If one party waste marital assets in anticipation of divorce or for a reason unrelated to marriage, than the waste can count against them

Front 48

How can pensions be distributed?

Back 48

In lump sum (immediate offset) or payment over time (deferred distribution)

Front 49

What part of a pension is distributed?

Back 49

No more than 50% and that portion earned or vested during the marital course

Front 50

Are IRAs pensions for equitable distribution purposes?

Back 50

No

Front 51

Equitable Distribution of Personal injury awards?

Back 51

Marital property, except to extent it is proven they are compensation for wholly personal injuries

Front 52

Equitable Distribution of Professional Goodwill?

Back 52

Yes

Front 53

Equitable Distribution of Professional Liscences?

Back 53

No

Front 54

What are some factors to look at in connection with divorce settlements?

Back 54

Are they intergrated?
Duress, Fraud, Unconscionable

Front 55

What are some examples of void divorce settlements?

Back 55

A adulturous spouse who plays on their spouses desire to reconcile in order to get an unfair distribution; An attorney who draws up his own unfair divorce settlement

Front 56

When can a VA court distribute property after a foreign divorce?

Back 56

1) Domiciliary party;
2) No pj of domicilary by foreign court;
3) within two years of notice of decree;
4) court has pj over parties.

Front 57

What are the equitable distribution criteria?

Back 57

1) award factors;
2) no presumption of 50/50 split;
3) may but need not consider marital fault;
4) unclean hand not a bar.

Front 58

What is the doctrine of economic fault?

Back 58

A doctrine by which courts have held that signs of bad acts during the marriage do not effect equitable distribution, though noneconomic factors contributing to the downfall of the family can influence distribution

Front 59

At what time is property valued?

Back 59

Value at the time of the evidentiary hearing

Front 60

How is a closely held corporation valued?

Back 60

A flexible valuation is used but factors considered include:
1) age and hx of biz;
2) outlook of industry;
3) book value of biz;
4) biz earning capacity;
5) dividend paying capacity of biz;
5) value of intangibles;
6) market price of similar stocks

Front 61

How is goodwill valued?

Back 61

Discretion of court, if based on competent evidence and acceptable methods

Front 62

What is a pendente lite award?

Back 62

An award made during litigation compelling payment for 1) maintenance and support; 2) payment to continue suit; 3) allow for spouse's liberty; 4) support kids; 5) preserve home; 6) preserve estate; 7) compel abidance security
suit, home, estate, kids, abide, liberty, maintenace

Hint 62

Pendente lite makes sure SHE KALM

Front 63

How is spousal support paid?

Back 63

Lump, periodic fixed, periodic unfixed, or combination, but not to estate of deceased spouse

Front 64

How does adultury effect spousal support?

Back 64

No support unless would result in "manifest injustice" and both adulturous and a "no fault" divorce

Front 65

What factors are considered when awarding spousal support?

Back 65

1) earning capacity;
2) needs;
3) financial resources;
4) training;
5) standard of living;
6) Duration;
7) Age;
8) Contributions to family;
9) Property interest;
10) Marital property factors;
11) Others

Hint 65

Spousal support helps you
T E N D F O S C A M P

Front 66

What is an escalator clause?

Back 66

A provision that lets support increase with increases in income, not proper, instead must move to modify

Front 67

What can a judge order relative to life insurance?

Back 67

Can not require purchase of life insurance, but can require maintenance of life support for benefit of children

Front 68

When spousal support be not given?

Back 68

Adultury; Equities do not favor support; Waiver (but can be reserved)

Front 69

How is child support calcualted?

Back 69

By refference to support guidelines

Front 70

Is the court required to adhere to support guidelines?

Back 70

It is presumed that the guidelines set out the proper support amounts absent a written finding that application would be unjust or inappropriate

Front 71

What factors must be considered when deviating from the written guidelines?

Back 71

1) Age;
2) Financial Resources;
3) Standard of living;
4) Earning capacity, etc. of parents;
5) Training of parents;
6) Contributions;
7) Marital property factors;
8) Other

Hint 71

When I call the kids they C O M E F E A S T

Front 72

When does child suport cease?

Back 72

18 unless 1) Not HS Grad; 2) at home; 3) no income until, grad or 19