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The Court of Appeals of Virginia issued an unpublished opinion today that addresses the division of military retired pay.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.

Property Division in a Virginia Divorce

Update from Avvo.com postings

Resolving Difficult Child Custody Disputes

Custody disputes between parents in the midst of litigation or following litigation can frequently be heated and lead to unforeseen consequences, including further litigation, police involvement and other legal consequences. As this article demonstrates, some couples resort to questionable tactics in the efforts to assert custody rights or prevent another parent from having custody or visitation. 

 

If you are involved in a heated custody dispute, you may wonder what choice you have but to continue engaging with the other parent and fighting back.  However, there are alternatives to consider.

 

One possibility is using a parenting coordinator to help you and the other parent learn to work together.  Parenting coordinators are psychological professionals, usually psychologists, who will meet with you and the other parent.  Many times they are able to help parents resolve conflicts without unnecessary litigation. 

 

Another possibility is using a mediator to resolve disagreements.  Mediators are typically trained as attorneys but rather than representing one side or the other in an adversarial legal process, they help people come to agreement.  A mediator can help you draft a custody and visitation agreement that you can both live with. 

Custody and Religious issues

The case of Joseph and Rebecca Reyes has recently raised the issue of what the court’s role is in moderating disputes between parents over their children’s religious upbringing.  A Cook County judge recently ruled that Joseph Reyes could take his daughter to Catholic Mass during his visitation.  However, a previous judge had entered an order preventing Mr. Reyes from taking his daughter to Mass.  Mr. Reyes allegedly took his daughter to a Catholic Mass and had her baptized.  He will now face contempt of court for his alleged violation of the court order.

 

In Virginia, it is unlikely that a court would enter an order dealing so specifically with a child’s religious upbringing.  In addition to Constitutional issues raise by the First Amendment, Virginia also has a provision in its state constitution that guarantees religious freedom.  A Virginia court refused to incorporate into a court order a settlement agreement requiring both parents to continue with religious instruction and attendance at religious services. Finnerty v. Finnerty, No. CH 6701, 1981 WL 180561 at *3 (Va.Cir.Ct. Oct. 16, 1981).   

 

Legal custody incorporates the issue of religious training.  Parents with joint legal custody must work together to make decisions as to what, if any religion, they will raise their children in or respect each parent’s authority to make decisions regarding religious training during his or her time with the children.