Volume 1
CHAPTER 1: FORMING THE ATTORNEY-CLIENT
RELATIONSHIP
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: DIVORCE2.1 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
2.1304 60-Day Deadline for Decision
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
APPENDIX 2-72: CHECKLIST FOR AFFIDAVITS IN SUPPORT
OF UNCONTESTED DIVORCE
CHAPTER 3: ANNULMENT
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
APPENDIX 3-3: PETITION FOR ORDER OF EMANCIPATION
APPENDIX 3-4: ORDER OF EMANCIPATION
CHAPTER 4: PRETRIAL DIVERSION BY THE COURT
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
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 TRANSCRIPT OF TAX RETURN—
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
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
6.303 Cases Transferred to a More Appropriate Forum
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 Written Findings of the Court
6.707 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 60-Day Deadline for Decision
6.1003 Payroll Deduction Orders
6.1004 Child Income Tax Dependency Exemption Allocation
6.1005 Spousal Support Awards
6.1006 Qualified Medical Child Support Orders (QMCSO)
6.1007 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 CREDIT 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)
APPENDIX 6-15: MIXED CUSTODY GUIDELINES
INDEX
Volume 2
CHAPTER 7: PROPERTY
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
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
8.3 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 Necessary Parties
8.603 Parent Versus Parent
8.604 Parents Versus Third Parties
8.605 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 60-Day Deadline for Decision
8.1503 Orders Regarding Custody and Visitation
8.1504 Order Requiring Notice of Relocation
8.1505 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 Court Jurisdiction
8.1703 Circuit Court Jurisdiction
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
APPENDIX 8-12: LETTER TO PRINCIPAL
CHAPTER 9: DOMESTIC VIOLENCE
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
9.6 EXCLUDING ONE FROM THE RESIDENCE—THE
EFFECT ON PROPERTY RIGHTS
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
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
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 Jurisdiction to Modify Orders
11.402 Child Custody and Visitation
11.403 Child Support
11.404 Spousal Support
11.405 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
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
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: COURT FORMS
APPENDIX 13-2: CHILD SUPPORT ENFORCEMENT
TRANSMITTAL #1—INITIAL REQUEST
APPENDIX 13-3: UNIFORM SUPPORT PETITION
APPENDIX 13-4: DECLARATION IN SUPPORT OF
ESTABLISHING PARENTAGE
APPENDIX 13-5: GENERAL TESTIMONY
APPENDIX 13-6: CHILD SUPPORT ENFORCEMENT
TRANSMITTAL #2—SUBSEQUENT ACTIONS
APPENDIX 13-7: CHILD SUPPORT ENFORCEMENT
TRANSMITTAL #3 — REQUEST FOR ASSISTANCE/
DISCOVERY
APPENDIX 13-8: LETTER OF TRANSMITTAL REQUESTING
REGISTRATION
APPENDIX 13-9: NOTICE OF DETERMINATION OF
CONTROLLING ORDER
CHAPTER 14: INTERSTATE CHILD CUSTODY CASES
14.1 INTRODUCTION
14.101 Child Custody Disputes Involving Different States
14.102 Development of the Uniform Child Custody
Jurisdiction and Enforcement Act
14.103 UCCJEA Purposes
14.104 Basic Principles and Design
14.105 Application of the UCCJEA
14.2 INITIAL CHILD CUSTODY DETERMINATIONS
14.201 Due Process Requirements
14.202 Hierarchy of Jurisdictional Bases
14.203 “Home State” Jurisdiction
14.204 “Significant Connection” Jurisdiction
14.205 “More Appropriate Forum” Jurisdiction
14.206 “Necessity” Jurisdiction
14.3 MODIFICATION OF CUSTODY DETERMINATIONS
14.301 Exclusive, Continuing Jurisdiction
14.302 Jurisdiction to Modify
14.4 TEMPORARY EMERGENCY JURISDICTION
14.5 PROCEDURES
14.501 Information to Be Submitted to the Court
14.502 Notice
14.503 Priority Scheduling of Jurisdictional Issue
14.504 Limited Immunity Related to Appearance
14.505 Evidence
14.6 SIMULTANEOUS PROCEEDINGS IN OTHER STATES
14.7 DECLINING JURISDICTION
14.8 ENFORCEMENT
CHAPTER 15: CONCLUDING REPRESENTATION
15.1 CONCLUDING THE ATTORNEY-CLIENT RELATIONSHIP
15.101 In General
15.102 Concluding After Completing All Work
15.103 Concluding Before Completing Work
15.2 RETAINING THE FILE
APPENDIX 15-1: LETTER TO CLIENT
APPENDIX 15-2: MOTION TO WITHDRAW AS COUNSEL
APPENDIX 15-3: ORDER
TABLE OF AUTHORITIES
INDEX