Virginia Family Law: A Systematic Approach (OLD EDITION)

Publication Date: 2014 (View 2015 edition.)
Electronic Forms: 200+
Available Formats: Print (1,072 pages, looseleaf, 2 volumes, forms CD)
Product #: 871

Information

PLEASE NOTE: A November 2015 edition of this publication is available in print, CD, USB flash drive, and immediate download. Click here for newest edition.

Authored by Professor Richard Balnave of the University of Virginia School of Law, this deskbook presents a comprehensive treatment of Virginia law, the interstate aspects of divorce, custody, and support matters. Professor Balnave's practical analysis is complemented by well over 200 forms for pleadings, orders, and correspondence.

From the formation of the attorney-client relationship to its conclusion, family law issues are examined as they develop in the normal course of litigation. Gathering information, drafting pleadings, conducting discovery, using motions to help shape the case, preparing for trial, and drafting orders and decrees are all steps that are discussed throughout the book, which integrates substantive areas of family law with procedural rules and ethical considerations, just as practicing attorneys are called upon to do every day.

The 2014 edition covers statutory changes through the 2014 session of the General Assembly as well as recent cases and federal law.

Table of Contents

PLEASE NOTE: A November 2015 edition of this publication is available in print, CD, USB flash drive, and immediate download. Click here for newest edition.

TABLE OF CONTENTS (2014 Edition)
Chapters and Authors 
Acknowledgments
About the Editors and Authors
Preface


CHAPTER LIST
1. Forming The Attorney-Client Relationship
2. Divorce
3. Annulment
4. Pretrial Diversion By The Court
5. Information-Gathering And Discovery
6. Spousal Support And Child Support
7. Property
8. Child Custody And Visitation
9. Domestic Violence
10. Trial Preparation And Trial
11. Enforcement And Modification Of Orders And Decrees
12. Interstate Divorce Jurisdiction
13. Interstate Support Cases
14. Concluding Representation

Volume 1

CHAPTER 1: FORMING THE ATTORNEY-CLIENT RELATIONSHIP  (back to top)

1.1 INITIAL CONTACT
1.101 Checking for Conflicts of Interest
1.102 Prospective Clients and Conflicts of Interest
1.103 Setting an Initial Appointment

1.2 INITIAL INTERVIEW

1.3 ACCEPTING OR DECLINING REPRESENTATION
1.301 General Considerations
1.302 Ethical Considerations
1.303 Declining Representation
1.304 Accepting Representation
1.305 Fee Agreements

1.4 EXPLAINING THE NEXT STEPS TO A CLIENT
1.401 In General
1.402 Information Resources for Clients
1.403 Gathering Information from a Client

APPENDIX 1-1: CONFLICT OF INTEREST DATA

APPENDIX 1-2: NEW CLIENT INQUIRY

APPENDIX 1-3: LETTER TO CLIENT DECLINING REPRESENTATION

APPENDIX 1-4: LETTER TO CLIENT REGARDING SCOPE OF REPRESENTATION

APPENDIX 1-5: AVAILABILITY RETAINER

APPENDIX 1-6: FEE AGREEMENT—SHORT FORM

APPENDIX 1-7: FEE AGREEMENT—LONG FORM

APPENDIX 1-8: COMPREHENSIVE INFORMATION FORM

CHAPTER 2: DIVORCE  (back to top)

2.1 INTRODUCTION

2.2 JURISDICTION
2.201 Circuit Court
2.202 Residence and Domicile Requirements
2.203 In Rem Jurisdiction and In Personam Jurisdiction
2.204 Personal Jurisdiction
2.205 In Rem Jurisdiction

2.3 VENUE
2.301 Preferred Venue
2.302 Objection and Transfer

2.4 SPECIAL PARTIES
2.401 Person Under a Disability
2.402 Military Personnel

2.5 PRO BONO LEGAL ASSISTANCE
2.501 Waiving Fees and Costs
2.502 Dispensing with Publication in Newspaper
2.503 Costs of Guardian ad Litem

2.6 DIVORCE FROM BED AND BOARD (a mensa et thoro)
2.601 Grounds
2.602 When to Seek Divorce from Bed and Board
2.603 Legal Effects of Divorce from Bed and Board
2.604 Pleading
2.605 Confidential Information and Separate Addenda

2.7 PENDENTE LITE RELIEF
2.701 What Relief Is Available?
2.702 Procedure

2.8 DIVORCE—FINAL
2.801 Complaint
2.802 Grounds for Final Divorce
2.803 Answer
2.804 Defenses
2.805 Counterclaim
2.806 Answer to Counterclaim

2.9 MOTIONS

2.10 INFORMATION-GATHERING AND DISCOVERY

2.11 ARRANGING FOR AN EVIDENTIARY HEARING

2.12 MOVING FROM A BED AND BOARD DIVORCE TO A FINAL DIVORCE
2.1201 Merger of Bed and Board Decree Into Final Decree
2.1202 When No Bed and Board Decree Was Entered
2.1203 Without Amended Bill or Amended Counterclaim

2.13 DIVORCE DECREES—FINAL (a vinculo matrimonii)
2.1301 Parts of a Decree
2.1302 Forms
2.1303 Presentation of Decree

APPENDIX 2-1: COURT FORMS

APPENDIX 2-2: RETURN OF SERVICE BY PRIVATE PROCESS SERVER

APPENDIX 2-3: ACCEPTANCE OF SERVICE OF PROCESS

APPENDIX 2-4: ACCEPTANCE OF SERVICE OF PROCESS AND WAIVER OF FUTURE SERVICE OF PROCESS AND NOTICE

APPENDIX 2-5: WAIVER OF SERVICE OF PROCESS AND NOTICE

APPENDIX 2-6: NOTICE OF PENDING PROCEEDING

APPENDIX 2-7: PLEADING LONG-ARM JURISDICTION

APPENDIX 2-8: LETTER TO SHERIFF IN ANOTHER STATE

APPENDIX 2-9: PROOF OF SERVICE BY LAW ENFORCEMENT OFFICER IN ANOTHER STATE

APPENDIX 2-10: AFFIDAVIT FOR SERVICE BY PUBLICATION—DEFENDANT’S WHEREABOUTS UNKNOWN

APPENDIX 2-11: AFFIDAVIT FOR SERVICE BY PUBLICATION—SHERIFF UNABLE TO SERVE

APPENDIX 2-12: AFFIDAVIT FOR SERVICE BY PUBLICATION—OUT OF STATE DEFENDANT

APPENDIX 2-13: ORDER OF PUBLICATION

APPENDIX 2-14: AFFIDAVIT OF NEWSPAPER PUBLISHER

APPENDIX 2-15: LETTER TO COUNSEL REGARDING OBJECTION TO VENUE

APPENDIX 2-16: MOTION TO TRANSFER (OBJECTION TO VENUE)

APPENDIX 2-17: ORDER TO TRANSFER—BY AGREEMENT

APPENDIX 2-18: MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM FOR A PERSON UNDER A DISABILITY

APPENDIX 2-19: ORDER APPOINTING GUARDIAN AD LITEM FOR A PERSON UNDER A DISABILITY

APPENDIX 2-20: AFFIDAVIT REGARDING MILITARY SERVICE

APPENDIX 2-21: LETTER TO MILITARY LEGAL OFFICER

APPENDIX 2-22: WAIVER OF RIGHTS UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AND ACKNOWLEDGMENT OF MILITARY LEGAL OFFICER

APPENDIX 2-23: MOTION FOR APPOINTMENT OF ATTORNEY FOR MILITARY SERVICE PERSON

APPENDIX 2-24: ORDER APPOINTING ATTORNEY FOR MILITARY SERVICE PERSON

APPENDIX 2-25: MOTION FOR WAIVER OF FEES AND COSTS

APPENDIX 2-26: AFFIDAVIT OF INDIGENCE

APPENDIX 2-27: ORDER WAIVING FEES AND COSTS

APPENDIX 2-28: MOTION FOR LEAVE OF COURT TO NOTIFY DEFENDANT BY MAIL AND POSTING

APPENDIX 2-29: ORDER PROVIDING NOTICE BY MAIL AND POSTING

APPENDIX 2-30: ORDER APPOINTING GUARDIAN AD LITEM (PRO BONO)

APPENDIX 2-31: NOTICE OF PENDENTE LITE HEARING

APPENDIX 2-32: PLAINTIFF’S COMPLAINT FOR DIVORCE A MENSA ET THORO

APPENDIX 2-33: DEFENDANT’S ANSWER AND COUNTERCLAIM

APPENDIX 2-34: PLAINTIFF’S ANSWER TO DEFENDANT’S COUNTERCLAIM

APPENDIX 2-35: DECREE OF DIVORCE A MENSA ET THORO

APPENDIX 2-36: MOTION FOR PENDENTE LITE RELIEF (COSTS AND ATTORNEY FEES)

APPENDIX 2-37: ORDER GRANTING PENDENTE LITE RELIEF (COSTS AND ATTORNEY FEES)

APPENDIX 2-38: PENDENTE LITE ORDER

APPENDIX 2-39: CONFIDENTIAL INFORMATION ADDENDUM

APPENDIX 2-40: PENDENTE LITE ORDER— SPOUSAL SUPPORT

APPENDIX 2-41: INCOME DEDUCTION ORDER

APPENDIX 2-42: COMPLAINT (SIX-MONTH SEPARATION) INCORPORATING AGREEMENT

APPENDIX 2-43: COMPLAINT (ONE-YEAR SEPARATION) INCORPORATING AGREEMENT

APPENDIX 2-44: COMPLAINT PLEADING OTHER GROUNDS

APPENDIX 2-45A: PLEADING ADULTERY

APPENDIX 2-45B: PLEADING FELONY CONVICTION AND CONFINEMENT

APPENDIX 2-45C: PLEADING CRUELTY

APPENDIX 2-45D: PLEADING DESERTION OR ABANDONMENT

APPENDIX 2-46A: ANSWER—PLEADING CONDONATION

APPENDIX 2-46B: ANSWER—PLEADING RECRIMINATION

APPENDIX 2-46C: ANSWER—PLEADING JUSTIFICATION FOR LEAVING

APPENDIX 2-46D: ANSWER—PLEADING CONNIVANCE

APPENDIX 2-47: NOTICE OF MOTION—GENERAL

APPENDIX 2-48: MOTION FOR EXTENSION OF TIME TO FILE PLEADINGS

APPENDIX 2-49: ORDER GRANTING EXTENSION OF TIME TO FILE PLEADINGS

APPENDIX 2-50: MOTION FOR LEAVE OF COURT TO FILE LATE PLEADING

APPENDIX 2-51: ORDER PERMITTING THE LATE FILING

APPENDIX 2-52: DEMURRER

APPENDIX 2-53: ORDER OVERRULING DEMURRER

APPENDIX 2-54: ORDER GRANTING DEMURRER

APPENDIX 2-55: MOTION TO AMEND PLEADING

APPENDIX 2-56: ORDER PERMITTING AMENDMENT OF PLEADING

APPENDIX 2-57: MOTION TO CONSOLIDATE

APPENDIX 2-58: ORDER OF CONSOLIDATION

APPENDIX 2-59: NOTICE OF DEPOSITION

APPENDIX 2-60: DECREE OF REFERENCE TO COMMISSIONER IN CHANCERY

APPENDIX 2-61: REQUEST TO SCHEDULE CIVIL TRIAL

APPENDIX 2-62: PETITION FOR MERGER OF DECREE OF DIVORCE A MENSA ET THORO INTO A DECREE OF DIVORCE A VINCULO MATRIMONII

APPENDIX 2-63: NOTICE OF PETITION FOR MERGER

APPENDIX 2-64: DECREE OF DIVORCE A VINCULO MATRIMONII UPON PETITION FOR MERGER WITH DECREE OF DIVORCE A MENSA ET THORO

APPENDIX 2-65: MOTION FOR DECREE OF DIVORCE PURSUANT TO SECTION 20-121.01 OF THE VIRGINIA CODE

APPENDIX 2-66: MOTION FOR DECREE OF DIVORCE PURSUANT TO SECTION 20-121.02 OF THE VIRGINIA CODE

APPENDIX 2-67: DECREE—SEPARATION OF ONE YEAR

APPENDIX 2-68A: DECREE—SEPARATION OF SIX MONTHS

APPENDIX 2-68B: DECREE—ADULTERY

APPENDIX 2-68C: DECREE—CRUELTY OR CONSTRUCTIVE DESERTION

APPENDIX 2-68D: DECREE—DESERTION OR ABANDONMENT

APPENDIX 2-68E: DECREE—CONVICTION OF A FELONY AND SENTENCE OF CONFINEMENT

APPENDIX 2-69: ORDER FOR CHANGE OF NAME

APPENDIX 2-70: NOTICE OF PRESENTATION OF DECREE

APPENDIX 2-71: FINAL DECREE OF DIVORCE

CHAPTER 3: ANNULMENT  (back to top)

3.1 ANNULMENT AND ITS EFFECTS

3.2 WHY SEEK AN ANNULMENT?

3.3 GROUNDS AND DEFENSES

3.4 PROCEDURE

3.5 ANNULMENT FORMS

APPENDIX 3-1: COMPLAINT FOR ANNULMENT

APPENDIX 3-2: DECREE OF ANNULMENT

CHAPTER 4: PRETRIAL DIVERSION BY THE COURT  (back to top)

4.1 INTRODUCTION

4.2 COURT’S AUTHORITY TO REFER THE PARTIES

4.3 REFERRAL TO MEDIATION AND OTHER TYPES OF ALTERNATIVE DISPUTE RESOLUTION

4.4 REFERRAL TO EDUCATIONAL PROGRAMS

APPENDIX 4-1: COURT FORMS

APPENDIX 4-2: LETTER TO CLIENT CONCERNING MEDIATION

APPENDIX 4-3: ORDER OF REFERENCE—GENERAL

APPENDIX 4-4: OBJECTION TO REFERRAL TO DISPUTE RESOLUTION ORIENTATION

APPENDIX 4-5: MOTION TO QUASH SUBPOENA

APPENDIX 4-6: ORDER QUASHING SUBPOENA

APPENDIX 4-7: LETTER TO CLIENT CONCERNING EDUCATIONAL PROGRAMS

APPENDIX 4-8: ORDER OF DESIGNATION AND REFERRAL TO SETTLEMENT CONFERENCE

CHAPTER 5: INFORMATION-GATHERING AND DISCOVERY  (back to top)

5.1 INTRODUCTION

5.2 INFORMAL INFORMATION-GATHERING

5.3 DISCOVERY
5.301 In General
5.302 Depositions
5.303 Interrogatories
5.304 Production of Documents or Things
5.305 Physical and Mental Examinations
5.306 Evaluation by Vocational Expert
5.307 Requests for Admissions
5.308 Protecting Information from Discovery
5.309 Enforcing Discovery
5.310 Discovery in the Juvenile and Domestic Relations District Court

5.4 PROFESSIONALISM

APPENDIX 5-1: COURT FORMS

APPENDIX 5-2: CLIENT AUTHORIZATION FOR RELEASE OF INFORMATION—GENERAL

APPENDIX 5-3: CLIENT AUTHORIZATION FOR RELEASE OF FINANCIAL INFORMATION

APPENDIX 5-4: CLIENT AUTHORIZATION FOR RELEASE OF VIRGINIA TAX INFORMATION

APPENDIX 5-5: REQUEST FOR COPY OR TRANSCRIPT OF TAX FORM—FEDERAL

APPENDIX 5-6: CLIENT AUTHORIZATION FOR RELEASE OF INFORMATION BY THE DIVISION OF CHILD SUPPORT ENFORCEMENT

APPENDIX 5-7: LETTER REQUESTING HEALTH RECORDS

APPENDIX 5-8: AUTHORIZATION TO RELEASE CONFIDENTIAL HEALTH RECORDS

APPENDIX 5-9: REQUEST FOR COPY OF CRIMINAL CONVICTION

APPENDIX 5-10: CLIENT AUTHORIZATION FOR RELEASE OF INFORMATION BY PREVIOUS ATTORNEY

APPENDIX 5-11: NOTICE OF DEPOSITION

APPENDIX 5-12: PLAINTIFF’S OR DEFENDANT’S FIRST INTERROGATORIES

APPENDIX 5-13: ANSWERS AND OBJECTIONS TO INTERROGATORIES

APPENDIX 5-14: OATH TO ANSWERS TO INTERROGATORIES

APPENDIX 5-15: MOTION FOR LEAVE OF COURT TO SERVE MORE THAN THIRTY INTERROGATORIES

APPENDIX 5-16: ORDER GRANTING LEAVE OF COURT TO SERVE MORE THAN THIRTY INTERROGATORIES

APPENDIX 5-17: LETTER TO CLIENT CONCERNING INTERROGATORIES

APPENDIX 5-18: REQUEST FOR SUPPLEMENTATION OF ANSWERS TO INTERROGATORIES

APPENDIX 5-19: SUPPLEMENTAL ANSWERS TO INTERROGATORIES

APPENDIX 5-20: FIRST REQUEST FOR PRODUCTION OF DOCUMENTS

APPENDIX 5-21: RESPONSE TO REQUEST FOR PRODUCTION

APPENDIX 5-22: REQUEST FOR SUBPOENA DUCES TECUM

APPENDIX 5-23: NOTICE TO HEALTH CARE ENTITY PURSUANT TO

SECTION 32.1-127.1:03 OF THE VIRGINIA CODE

APPENDIX 5-24: NOTICE TO INDIVIDUAL PURSUANT TO SECTION 32.1-127.1:03 OF THE VIRGINIA CODE

APPENDIX 5-25: CERTIFICATION—NO MOTION TO QUASH FILED

APPENDIX 5-26: CERTIFICATION—MOTION TO QUASH FILED AND RESOLVED

APPENDIX 5-27: APPLICATION FOR DISCLOSURE OF SUBSTANCE ABUSE RECORDS

APPENDIX 5-28: ORDER FOR DISCLOSURE OF SUBSTANCE ABUSE RECORDS

APPENDIX 5-29: MOTION FOR MENTAL EXAMINATION

APPENDIX 5-30: ORDER FOR PHYSICAL OR MENTAL EXAMINATION

APPENDIX 5-31: REQUEST FOR ADMISSIONS

APPENDIX 5-32: RESPONSE TO REQUEST FOR ADMISSIONS

APPENDIX 5-33: MOTION TO QUASH SUBPOENA DUCES TECUM

APPENDIX 5-34: ORDER QUASHING SUBPOENA DUCES TECUM

APPENDIX 5-35: MOTION TO QUASH OR MODIFY SUBPOENA DUCES TECUM

APPENDIX 5-36: ORDER MODIFYING SUBPOENA DUCES TECUM

APPENDIX 5-37: MOTION FOR PROTECTIVE ORDER

APPENDIX 5-38: PROTECTIVE ORDER

APPENDIX 5-39: MOTION TO COMPEL

APPENDIX 5-40: ORDER

APPENDIX 5-41: MOTION TO COMPEL ANSWERS TO DEPOSITION QUESTIONS

APPENDIX 5-42: ORDER

APPENDIX 5-43: MOTION FOR SANCTIONS

APPENDIX 5-44: ORDER IMPOSING SANCTIONS

APPENDIX 5-45: MOTION FOR LEAVE OF COURT TO SERVE INTERROGATORIES—JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT

APPENDIX 5-46: ORDER PERMITTING INTERROGATORIES—JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT

CHAPTER 6: SPOUSAL SUPPORT AND CHILD SUPPORT  (back to top)

6.1 INTRODUCTION

6.2 JURISDICTION
6.201 Juvenile and Domestic Relations District Court
6.202 Circuit Court
6.203 Concurrent Jurisdiction
6.204 Division of Child Support Enforcement

6.3 VENUE
6.301 Juvenile and Domestic Relations District Court
6.302 Circuit Court

6.4 PLEADING
6.401 Juvenile and Domestic Relations District Court
6.402 Circuit Court

6.5 SERVICE OF PROCESS AND NOTICE
6.501 In General
6.502 Juvenile and Domestic Relations District Court
6.503 Circuit Court

6.6 INFORMATION-GATHERING AND DISCOVERY

6.7 SPOUSAL SUPPORT AND MAINTENANCE
6.701 Sequence of Determining Issues
6.702 When Spousal Support May Be Granted
6.703 Eligibility
6.704 Factors to Consider in Awarding Support
6.705 Different Forms of Spousal Support
6.706 Reservation of Right to Seek Support

6.8 CHILD SUPPORT
6.801 Sequence of Determining Issues
6.802 Persons Liable for Child Support
6.803 Duration of Child Support Obligation
6.804 Child Support Guidelines
6.805 Determining Amount of Child Support Award

6.9 PENDENTE LITE RELIEF

6.10 ORDERS AND DECREES
6.1001 Required Information and Notices
6.1002 Payroll Deduction Orders
6.1003 Child Income Tax Dependency Exemption Allocation
6.1004 Spousal Support Awards
6.1005 Qualified Medical Child Support Orders (QMCSO)
6.1006 Attorney Fees

6.11 APPEALS FROM THE JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT

APPENDIX 6-1: COURT FORMS

APPENDIX 6-2: COMPLAINT FOR SEPARATE MAINTENANCE

APPENDIX 6-3: INCOME AND EXPENSE STATEMENT

APPENDIX 6-4: ORDER OF SUPPORT: CHILD AND SPOUSAL SUPPORT

APPENDIX 6-5: ORDER OF SUPPORT: SPOUSAL SUPPORT ONLY

APPENDIX 6-6: CHILD INCOME TAX DEPENDENCY EXEMPTION ALLOCATION

APPENDIX 6-7: IRS FORM 8332

APPENDIX 6-8: RESERVATION OF SPOUSAL SUPPORT: PRESUMED 50-PERCENT DURATION

APPENDIX 6-9: RESERVATION OF SPOUSAL SUPPORT: REBUTTING

PRESUMED 50-PERCENT DURATION

APPENDIX 6-10: AWARDING SPOUSAL SUPPORT: PERIODIC (UNDEFINED DURATION)

APPENDIX 6-11: AWARDING SPOUSAL SUPPORT: LUMP SUM

APPENDIX 6-12: AWARDING SPOUSAL SUPPORT: PERIODIC (DEFINED DURATION-REHABILITATIVE–DEFINED BY DATE)

APPENDIX 6-13: AWARDING SPOUSAL SUPPORT: PERIODIC (DEFINED DURATION-REHABILITATIVE–DEFINED BY EVENT)

APPENDIX 6-14: QUALIFIED MEDICAL CHILD SUPPORT ORDER (QMCSO)

CHAPTER 7: PROPERTY  (back to top)

7.1 IN GENERAL

7.2 INFORMATION-GATHERING AND DISCOVERY

7.3 PRELIMINARY REQUIREMENTS
7.301 Decree of Dissolution or Divorce
7.302 Request for Equitable Distribution
7.303 Retention of Jurisdiction
7.304 Meaning of ―Equitable‖

7.4 CLASSIFICATION OF PROPERTY
7.401 In General
7.402 Separate Property and Separate Debt
7.403 Marital Property and Marital Debt
7.404 Hybrid Property
7.405 Burden of Proof

7.5 DETERMINING TITLE, OWNERSHIP, VALUE, RIGHTS, AND INTERESTS
7.501 In General
7.502 Valuation

7.6 TRIAL PREPARATION
7.601 Evidentiary Requirements
7.602 Organizing Exhibits
7.603 Summary of Property for the Court

7.7 FACTORS THE COURT MUST CONSIDER
7.701 In General
7.702 Marital Misconduct
7.703 Nonmonetary Contributions
7.704 Tax Consequences
7.705 Waste or Dissipation of Marital Property

7.8 REMEDIES
7.801 In General
7.802 Division or Transfer of Property
7.803 Monetary Award
7.804 Personal Injury or Workers’ Compensation Award

7.9 PENSION-BASED AWARDS
7.901 In General
7.902 Qualified Domestic Relations Orders
7.903 Authority to Distribute
7.904 Marital Share
7.905 Steps to Take
7.906 Virginia Retirement System
7.907 Military Retirement Benefits

7.10 FINDINGS FOR THE RECORD

7.11 AGREEMENTS
7.1101 In General
7.1102 Marital Agreements
7.1103 Premarital Agreements

7.12 SUPPORT AWARDS FOLLOW EQUITABLE DISTRIBUTION

APPENDIX 7-1: LETTER TO CLIENT

APPENDIX 7-2: PROPERTY INVENTORY

APPENDIX 7-3: MOTION TO BIFURCATE DIVORCE

APPENDIX 7-4: AGREEMENT (BIFURCATION)

APPENDIX 7-5: BRANDENBURG/HART FORMULA WORKSHEET

APPENDIX 7-6: LETTER TO APPRAISER

APPENDIX 7-7: MOTION FOR DIFFERENT VALUATION DATE

APPENDIX 7-8: ORDER

APPENDIX 7-9: MASTER LIST OF TRIAL EXHIBITS

APPENDIX 7-10: SUMMARY OF PROPERTY

CHAPTER 8: CHILD CUSTODY AND VISITATION  (back to top)

8.1 INTRODUCTION
8.101 Advising Client About Child Custody Disputes
8.102 Resources
8.103 Seminars and Educational Programs

8.2 JURISDICTION
8.201 Juvenile and Domestic Relations District Court
8.202 Circuit Court
8.203 Concurrent Jurisdiction
8.204 Interstate Disputes
8.205 International Disputes

8.3 VENUE
8.301 Juvenile and Domestic Relations District Court
8.302 Circuit Court

8.4 TYPES OF CUSTODY
8.401 In General
8.402 Sole Custody
8.403 Joint Custody
8.404 Shared Custody
8.405 Split Custody
8.406 Divided Custody

8.5 FACTORS FOR THE COURT TO CONSIDER

8.6 PARTIES AND BURDEN OF PROOF
8.601 ―Person with a Legitimate Interest‖
8.602 Mother Versus Father
8.603 Parents Versus Third Parties
8.604 Parents Versus the Department of Social Services

8.7 INFORMATION-GATHERING
8.701 Information Needed
8.702 Sources of Information

8.8 PLEADING
8.801 Juvenile and Domestic Relations District Court
8.802 Circuit Court

8.9 SERVICE OF PROCESS
8.901 In Virginia
8.902 In Another State

8.10 GUARDIAN AD LITEM
8.1001 Appointment
8.1002 Duties

8.11 COURT-APPOINTED SPECIAL ADVOCATE
8.1101 In General
8.1102 Duties
8.1103 Access to Information

8.12 PENDENTE LITE RELIEF

8.13 DISCOVERY
8.1301 In General
8.1302 Access to Health Information
8.1303 Pretrial Evaluations

8.14 ADJUDICATION
8.1401 Standards of Proof
8.1402 Evidentiary Issues

8.15 ORDERS AND DECREES
8.1501 In General
8.1502 Orders Regarding Custody and Visitation
8.1503 Order Requiring Notice of Relocation
8.1504 Orders Regarding Special Issues

8.16 POST DECREE
8.1601 Access to Records
8.1602 Participation in School Activities
8.1603 Enforcement
8.1604 Modification

8.17 STANDBY GUARDIANSHIP
8.1701 In General
8.1702 Juvenile and Domestic Relations District Court
8.1703 Circuit Court

APPENDIX 8-1: COURT FORMS

APPENDIX 8-2: AFFIDAVIT—UCCJEA (COMPUTER GENERATED)

APPENDIX 8-3: INTERROGATORIES—CHILD CUSTODY AND VISITATION

APPENDIX 8-4: LETTER TO CLIENT REGARDING CUSTODY EVALUATION

APPENDIX 8-5: CLAUSE GRANTING SOLE CUSTODY—LIBERAL VISITATION BY AGREEMENT

APPENDIX 8-6: CLAUSE GRANTING SOLE CUSTODY—SPECIFIED VISITATION

APPENDIX 8-7: CLAUSE GRANTING SPLIT CUSTODY—LIBERAL VISITATION BY AGREEMENT

APPENDIX 8-8: CLAUSE GRANTING JOINT CUSTODY—SHARED DECISION-MAKING

APPENDIX 8-9: CLAUSE GRANTING JOINT CUSTODY—NO SHARED DECISION-MAKING

APPENDIX 8-10: CLAUSE REQUIRING NOTICE OF RELOCATION

APPENDIX 8-11A: CLAUSE GRANTING ACCESS TO INFORMATION ABOUT CHILD

APPENDIX 8-11B: CLAUSE CONCERNING PARTICIPATION IN THE CHILD’S ACTIVITIES

APPENDIX 8-11C: CLAUSE RESTRICTING ALCOHOL CONSUMPTION

APPENDIX 8-11D: CLAUSE RESTRICTING SEXUAL CONDUCT

APPENDIX 8-11E: CLAUSE RESTRICTING TRAVEL WITH CHILD

INDEX

Volume 2

CHAPTER 9: DOMESTIC VIOLENCE  (back to top)

9.1 INTRODUCTION

9.2 RELIEF AVAILABLE FROM THE CIRCUIT COURT

9.3 RELIEF AVAILABLE FROM THE JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT
9.301 Introduction
9.302 Definitions
9.303 Emergency Protective Orders
9.304 Preliminary Protective Orders—Family Abuse
9.305 Full Protective Orders—Family Abuse
9.306 Child’s Preliminary Protective Order
9.307 Confidentiality

9.4 SPECIAL RULES OF EVIDENCE
9.401 Admission of Medical Records
9.402 Child’s Statement or Testimony

9.5 CHILD CUSTODY AND SUPPORT DOCUMENTS

APPENDIX 9-1: COURT FORMS

APPENDIX 9-2: COMPLAINT

APPENDIX 9-3: MOTION FOR TEMPORARY RELIEF

APPENDIX 9-4: ORDER PROTECTING PLAINTIFF

APPENDIX 9-5: NOTICE PURSUANT TO SECTION 16.1-245.1 OF THE VIRGINIA CODE

APPENDIX 9-6: CERTIFICATE OF AUTHENTICITY—DOCTOR OR OTHER HEALTH CARE PROVIDER

APPENDIX 9-7: CERTIFICATE OF AUTHENTICITY—LAB ANALYST

APPENDIX 9-8: CERTIFICATE OF AUTHENTICITY—CUSTODIAN OF RECORDS

CHAPTER 10: TRIAL PREPARATION AND TRIAL  (back to top)

10.1 ORGANIZING TRIAL PREPARATION
10.101 Analyzing Claims and Proof
10.102 Proof Checklist

10.2 ASSISTANCE FROM OTHER PROFESSIONALS

10.3 PRETRIAL ORDERS AND CONFERENCES

10.4 WITNESSES AND EXHIBITS
10.401 Securing Witnesses for Trial
10.402 Securing Exhibits for Trial
10.403 Forms for Attorney-Issued Subpoenas

10.5 TRIAL

10.501 Stipulations
10.502 Agreements Resolving the Issues
10.503 Managing Exhibits
10.504 Managing Witness Information
10.505 Preserving Issues for Appeal
10.506 Protecting Private Information with Separate Addenda

APPENDIX 10-1: COURT FORMS

APPENDIX 10-2: TRIAL PREPARATION CHART

APPENDIX 10-3: AUTHORIZATION TO CONSULT WITH AND HIRE PROFESSIONALS

APPENDIX 10-4: UNIFORM PRETRIAL SCHEDULING ORDER

APPENDIX 10-5: PRETRIAL ORDER

APPENDIX 10-6: REQUEST FOR WITNESS SUBPOENA (CIRCUIT COURT)

APPENDIX 10-7: PROPOSED WITNESSES AND EXHIBITS

APPENDIX 10-8: OBJECTIONS TO PROPOSED WITNESSES AND EXHIBITS

APPENDIX 10-9: EXHIBITS CHART

APPENDIX 10-10: WITNESS CHART

APPENDIX 10-11: OBJECTIONS TO FINAL DECREE

APPENDIX 10-12: CHECKLIST OF INFORMATION TO BE PRESENTED TO THE COURT

APPENDIX 10-13 CHECKLIST: ATTORNEY-ISSUED SUBPOENAS

APPENDIX 10-14: TRANSMITTAL LETTER TO SHERIFF

APPENDIX 10-15: TRANSMITTAL CHECKLIST FOR ATTORNEY-ISSUED SUBPOENAS

APPENDIX 10-16: RETURN OF SERVICE BY PRIVATE PROCESS SERVER—SUBPOENA

CHAPTER 11: ENFORCEMENT AND MODIFICATION OF ORDERS AND DECREES  (back to top)

11.1 INTRODUCTION

11.2 ENFORCEMENT: CONTEMPT OF COURT
11.201 Jurisdiction
11.202 Applicability
11.203 Criminal Versus Civil Contempt
11.204 Elements
11.205 Defenses
11.206 Procedures
11.207 Forms

11.3 ENFORCEMENT: NONCONTEMPT REMEDIES
11.301 In General
11.302 Concurrent Remedies of Obligees and the Division of Child Support Enforcement
11.303 Exclusive Remedies of the Division of Child Support Enforcement
11.304 Property Decrees

11.4 MODIFICATION
11.401 Child Custody and Visitation
11.402 Child Support
11.403 Spousal Support
11.404 Property Decrees

APPENDIX 11-1: COURT FORMS

APPENDIX 11-2: MOTION FOR ORDER TO SHOW CAUSE (SUPPORT)

APPENDIX 11-3: ORDER TO SHOW CAUSE (SUPPORT)

APPENDIX 11-4: DECREE OF CIVIL CONTEMPT OF COURT (SUPPORT)

APPENDIX 11-5: PETITION FOR RULE TO SHOW CAUSE (VISITATION)

APPENDIX 11-6: ORDER TO SHOW CAUSE (VISITATION)

APPENDIX 11-7: DECREE OF CIVIL CONTEMPT OF COURT (VISITATION)

APPENDIX 11-8: NOTICE OF POSSIBLE SUSPENSION OF OCCUPATIONAL OR RECREATIONAL LICENSE TO ENFORCE CHILD SUPPORT OBLIGATION

APPENDIX 11-9: PETITION TO SUSPEND OCCUPATIONAL OR OTHER LICENSE

APPENDIX 11-10: ANSWER TO PETITION TO SUSPEND OCCUPATIONAL OR OTHER LICENSE

APPENDIX 11-11: ORDER SUSPENDING OCCUPATIONAL OR OTHER LICENSE

APPENDIX 11-12: ORDER OF REINSTATEMENT

CHAPTER 12: INTERSTATE DIVORCE JURISDICTION  (back to top)

12.1 INTRODUCTION
12.101 A Defensive Perspective
12.102 Migratory Marriages

12.2 THE CONSTITUTIONAL FRAMEWORK
12.201 Due Process and the Full Faith and Credit Clause
12.202 Applying the Principles

12.3 THE VIRGINIA LONG-ARM STATUTE
12.301 Relationship with Constitutional Framework
12.302 Long-Arm Jurisdiction in Domestic Relations Matters

12.4 STRATEGIES FOR REPRESENTING THE OUT-OF-STATE DEFENDANT
12.401 Direct and Collateral Attack
12.402 Challenging Plaintiff’s Domicile
12.403 Challenging the Lack of Personal Jurisdiction Over the Defendant
12.404 Estoppel

APPENDIX 12-1: SPECIAL APPEARANCE; MOTION TO QUASH SERVICE OF PROCESS AND OBJECTION TO JURISDICTION

CHAPTER 13: INTERSTATE SUPPORT CASES  (back to top)

13.1 UNIFORM INTERSTATE FAMILY SUPPORT ACT
13.101 Introduction
13.102 Basic Principles and Design

13.2 CONTINUING, EXCLUSIVE JURISDICTION

13.3 DETERMINING THE CONTROLLING ORDER
13.301 In General
13.302 Basic Rules

13.4 LONG-ARM JURISDICTION
13.401 More One-State Proceedings Allowed
13.402 Bases for Exercise of Long-Arm Jurisdiction

13.5 GENERAL CIVIL PROVISIONS
13.501 Action by Minor Parent
13.502 Pleadings and Forms
13.503 Procedure and Evidence

13.6 CHOICE OF LAW
13.601 Introduction
13.602 Choice of Law Rules
13.603 Advising a Client

13.7 PARENTAGE PROCEEDINGS
13.701 In General
13.702 One-State Proceeding Exercising Long-Arm Jurisdiction
13.703 Two-State Proceeding
13.704 Parentage Previously Determined

13.8 ESTABLISHING A SUPPORT ORDER

13.9 SIMULTANEOUS PROCEEDINGS
13.901 Race to the Courthouse
13.902 Determining Which Tribunal Should Defer
13.903 Advising the Client

13.10 ENFORCING SUPPORT ORDER WITHOUT REGISTRATION
13.1001 Direct Interstate Enforcement of Income-Withholding Order
13.1002 Direct Administrative Enforcement of Orders

13.11 ENFORCING SUPPORT ORDER AFTER REGISTRATION
13.1101 In General
13.1102 Procedures
13.1103 Contest of Registered Order

13.12 MODIFICATION OF CHILD SUPPORT ORDERS
13.1201 Continuing, Exclusive Jurisdiction to Modify
13.1202 Registering a Child Support Order for Modification
13.1203 Limitations on Jurisdiction to Modify Registered Order
13.1204 Notice and Recognition of Modified Order

13.13 SPOUSAL SUPPORT ORDERS—MODIFICATION ONLY BY THE ISSUING TRIBUNAL

13.14 CRIMINAL PROSECUTION IN INTERSTATE CASES
13.1401 State Prosecutions and Interstate Rendition
13.1402 Federal Prosecution

APPENDIX 13-1: CHILD SUPPORT ENFORCEMENT TRANSMITTAL #1 — INITIAL REQUEST

APPENDIX 13-2: UNIFORM SUPPORT PETITION

APPENDIX 13-3: AFFIDAVIT IN SUPPORT OF ESTABLISHING PATERNITY

APPENDIX 13-4: GENERAL TESTIMONY

APPENDIX 13-5: CHILD SUPPORT ENFORCEMENT TRANSMITTAL #2 — SUBSEQUENT ACTIONS

APPENDIX 13-6: CHILD SUPPORT ENFORCEMENT TRANSMITTAL #3 — REQUEST FOR ASSISTANCE/DISCOVERY

APPENDIX 13-7: REGISTRATION STATEMENT

APPENDIX 13-8: NOTICE OF DETERMINATION OF CONTROLLING ORDER

CHAPTER 14: CONCLUDING REPRESENTATION  (back to top)

14.1 CONCLUDING THE ATTORNEY-CLIENT RELATIONSHIP
14.101 In General
14.102 Concluding After Completing All Work
14.103 Concluding Before Completing Work

14.2 RETAINING THE FILE

APPENDIX 14-1: LETTER TO CLIENT

APPENDIX 14-2: MOTION TO WITHDRAW AS COUNSEL

APPENDIX 14-3: ORDER

TABLE OF AUTHORITIES

INDEX

Authors

Author

Richard D. Balnave is a professor at the University of Virginia School of Law and directed its Family Law Clinical Program from 1984 until 2000. His teaching areas include legal ethics and professional responsibility, family law, children’s law, and trial advocacy. He has lectured on behalf of the Virginia State Bar, Virginia CLE, the Virginia Judicial Institute, the Virginia Judicial Conference, and the Virginia Mediation Network. Professor Balnave served as editor of Family Law and Practice in Virginia (Virginia CLE 1993 & Supp. 1996) and as an author of Family Law and Practice (Matthew Bender 1989, 1991 & 1998 revisions) and Summary Jury Trials and Mini-Trials: A Comparison, 3 J. Civ. Litig. 141 (1991).

Professor Balnave served on the Board of Governors of the Family Law Section of the Virginia State Bar from 1995 until 1999 and as chair of the section from 1997 until 1998. He has served as a member of the Virginia Bar Association Domestic Relations Law Section, Council and Commission on the Needs of Children, the Virginia Supreme Court’s Commission pn the Future of Virginia’s Judicial System, and as a director of the Virginia Dispute Resolution Center. He presently serves as a member of the Virginia Supreme Court’s Court Improvement Project Advisory Committee Concerning Foster Care and Adoption. Professor Balnave earned a B.A. from the College of William & Mary, an M.A. from the State University of New York Graduate School of Education, and a J.D. from Case Western Reserve University School of Law.

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