Divorce Laws Virginia Richmond Attorney Marital Property Distribution Code 20-107.3
Maxwell v Commonwealth
Appellant wife sought review of a decision from the Circuit Court in Virginia, which entered a final divorce decree filed by appellee husband but failed to decide equitable property distribution issues. Appellate asserted that the trial court erred in granting the final divorce and that bifurcating the distribution of marital property from the divorce decision violated the plain language of Va. Code Ann. § 20-107.3(A). Appellee husband filed for divorce against appellant wife while living in a foreign country during appellee’s employment.
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The Virginia Court made the following holding:
- Comity, in the legal sense, is the recognition and effect which a forum jurisdiction gives within its territory to the legislative, executive, and judicial acts of a foreign jurisdiction, giving due regard to a number of factors, including: duty; mutual interests in reciprocity; courtesy; convenience; the public policy and preservation of valued morals in the forum, the rights of the forum’s citizens and those under the protection of its laws, and the factual circumstances surrounding each claim for its recognition..
- Va. Code § 20-107.3 after the 1986 amendment expressly requires that before a trial court may bifurcate the adjudication of divorce and equitable distribution issues, the parties must join in a motion to do so and the court must find such procedure clearly necessary due to complex property issues.
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Article written by A Sris
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