VA Family Law News

Division of Military Retirement

Savedge v. Barbour

The Court of Appeals of Virginia issued an unpublished opinion today that addresses the division of military retired pay. In this case, the parties divorced prior to the enactment of the Uniform Services Former Spouses Protection Act (USFSPA) that authorized states to divide military retirement as they did other retirement plans in the course of a divorce. The USFSPA was retroactive to a date prior to the parties' divorce.

The parties signed a separation agreement that included several waivers. Some waivers specifically address matters of spousal support, alimony, maintenance, etc. Other waivers address dower, curtesy, inheritance, etc. There is no specific waiver of equitable distribution or division of property incident to divorce. Nonetheless, the trial court and the Court of Appeals found the waivers sufficient to save the military retirement from being divided as property pursuant to Va. Code section 20-107.3.

Article - Religion and Childhood Vaccinations

Cole Miller PLLC congratulates our colleague, Virginia Haizlip. Ms. Haizlip recently had an article published in The Journal of the Virginia Trial Lawyers Association. This professional achievement recognizes Ms. Haizlip’s research and writing on matters of children’s immunizations.

Parenting is challenging in the best of times. It becomes increasingly difficult when parents separate and divorce. One frequent source of disagreement between parents is whether or not to vaccinate their children.

The science of vaccination supports the effectiveness of vaccination, and demonstrates the risk as well. There are also valid religious reasons for a parent to choose not to vaccinate his or her children.

Ms. Haizlip’s article explores the differences between states with regard to their treatment of a parent’s religious objections to vaccination. 

Her article is in the Spring 2010 issue of the Journal of the Virginia Trial Lawyers Association.