Search Results for: desertion

Must wife’s divorce complaint based on husband’s desertion allege a marital domicile in Virginia to satisfy long-arm jurisdiction? Not necessarily, if the allegations support the requisite inferences for personal jurisdiction, the Court of Appeals of Virginia ruled in the case of Cabaniss v. Cabaniss, 46 Va.App. 595, 620 S.E.2d 559 (Va.App., 2005). The wife filed … Continue reading Must wife’s divorce complaint based on husband’s desertion allege a marital domicile in Virginia to satisfy long-arm jurisdiction?

Would an adult child’s obligation to support a parent be dischargeable in a Virginia bankruptcy? Parents and spouses are not the only parties who may have a legal duty to support another person.  Adult children may have not only a moral obligation, but also a legal obligation to support their parents.  Many states, including Virginia, … Continue reading Would an adult child’s obligation to support a parent be dischargeable in a Virginia bankruptcy?

Can a husband who prevents his foreign born wife from entering the U.S. obtain a divorce in Virginia? Not in the case of Subramanian v. Ravichandran, Case No. CL-2010-4118 (Va. App. 2012), where the Virginia Circuit Court judge denied a divorce to a husband who frustrated his wife’s re-entry into the United States, on the … Continue reading Can a husband who prevents his foreign born wife from entering the U.S. obtain a divorce in Virginia?  

Is a domain name bought by husband in a bankruptcy proceeding marital property subject to equitable distribution in a Virginia divorce? Yes, the proceeds of the sale of the domain name are marital property, even though the domain name was purchased by husband and the proceeds were deposited into an account in his sole name … Continue reading Is a domain name bought by husband in a bankruptcy proceeding marital property subject to equitable distribution in a Virginia divorce?

Can a wife obtain more than half the value of the marital residence in Virginia? In an unpublished opinion, the Virginia Court of Appeals Tye v. Tye, No. 0833-08-1 (August 11, 2009) upheld an award of 65% of the net proceeds from the sale of the marital residence to the wife.   The husband and … Continue reading Can a wife obtain more than half the value of the marital residence in Virginia?

Do I have to include my spouse’s income for means testing if I file an individual bankruptcy while my spouse and I are living separate and apart under same roof? Virginia law recognizes that a husband and wife may live separate and apart under the same roof in certain instances where the spouses have ceased … Continue reading Do I have to include my spouse’s income for means testing if I file an individual bankruptcy while my spouse and I are living separate and apart under same roof?