Husband motion in Virginia

14 Virginia opinions name it 2 courts 1922–2023 1 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (15)

Case	Followed	Cited
Kendre Jones v. Vieanna Jonesgreen alaska · 2022 · cited in 1 Virginia opinions naming this issue, 2023–2023 1 sentence 2023Reversed and final judgment. 8 In reaching this conclusion, we join a growing number of states holding that “Howell does not preclude one spouse from agreeing to indemnify the other as part of a negotiated property settlement.” Jones v. Jones, 505 P.3d 224, 230 (Alaska 2022).	1	1
Moreno v. Morenogreen vactapp · 1997 · cited in 1 Virginia opinions naming this issue, 2016–2016 2 sentences 2016ANALYSIS On appeal, we “do[] not retry the facts, reweigh the preponderance of the evidence, or make [our] own determination of the credibility of witnesses.” Ranney v. Ranney, 45 Va. App. 17, 31 , 608 S.E.2d 485, 492 (2005) (alterations in original) (quoting Moreno v. Moreno, 24 Va. App. 190, 195 , 480 S.E.2d 792, 795 (1997)). “[W]here, as here, the court hears the evidence ore tenus, its findings are entitled to great weight and will not be disturbed on appeal unless plainly wrong or without [supporting] evidence . . . .” Id. (quoting Alphin v. Alphin, 15 Va. App. 395, 399 , 424 S.E.2d 572, 2016ANALYSIS On appeal, we “do[] not retry the facts, reweigh the preponderance of the evidence, or make [our] own determination of the credibility of witnesses.” Ranney v. Ranney, 45 Va. App. 17, 31 , 608 S.E.2d 485, 492 (2005) (alterations in original) (quoting Moreno v. Moreno, 24 Va. App. 190, 195 , 480 S.E.2d 792, 795 (1997)). “[W]here, as here, the court hears the evidence ore tenus, its findings are entitled to great weight and will not be disturbed on appeal unless plainly wrong or without [supporting] evidence . . . .” Id. (quoting Alphin v. Alphin, 15 Va. App. 395, 399 , 424 S.E.2d 572,	1	1
Alphin v. Alphingreen vactapp · 1992 · cited in 1 Virginia opinions naming this issue, 2016–2016 2 sentences 2016ANALYSIS On appeal, we “do[] not retry the facts, reweigh the preponderance of the evidence, or make [our] own determination of the credibility of witnesses.” Ranney v. Ranney, 45 Va. App. 17, 31 , 608 S.E.2d 485, 492 (2005) (alterations in original) (quoting Moreno v. Moreno, 24 Va. App. 190, 195 , 480 S.E.2d 792, 795 (1997)). “[W]here, as here, the court hears the evidence ore tenus, its findings are entitled to great weight and will not be disturbed on appeal unless plainly wrong or without [supporting] evidence . . . .” Id. (quoting Alphin v. Alphin, 15 Va. App. 395, 399 , 424 S.E.2d 572, 2016ANALYSIS On appeal, we “do[] not retry the facts, reweigh the preponderance of the evidence, or make [our] own determination of the credibility of witnesses.” Ranney v. Ranney, 45 Va. App. 17, 31 , 608 S.E.2d 485, 492 (2005) (alterations in original) (quoting Moreno v. Moreno, 24 Va. App. 190, 195 , 480 S.E.2d 792, 795 (1997)). “[W]here, as here, the court hears the evidence ore tenus, its findings are entitled to great weight and will not be disturbed on appeal unless plainly wrong or without [supporting] evidence . . . .” Id. (quoting Alphin v. Alphin, 15 Va. App. 395, 399 , 424 S.E.2d 572,	1	1
Petrosinelli v. PETAgreen va · 2007 · cited in 1 Virginia opinions naming this issue, 2016–2016 2 sentences 2016Under settled law, “[i]t is within the discretion of the trial court to conduct civil contempt proceedings.” Petrosinelli v. People for the Ethical Treatment of Animals, Inc., 273 Va. 700, 706 , 643 S.E.2d 151, 154 (2007) (internal quotation marks and citations omitted); see also Code § 20-115 (providing that a court “may” exercise the power of contempt for persons who have willfully refused to pay court-ordered child or spousal support); Wells v. Wells, 12 Va. App. 31, 36 , 401 S.E.2d 891, 894 (1991) (holding that it was “within the discretion of the trial court whether or not to find [a husb 2016Under settled law, “[i]t is within the discretion of the trial court to conduct civil contempt proceedings.” Petrosinelli v. People for the Ethical Treatment of Animals, Inc., 273 Va. 700, 706 , 643 S.E.2d 151, 154 (2007) (internal quotation marks and citations omitted); see also Code § 20-115 (providing that a court “may” exercise the power of contempt for persons who have willfully refused to pay court-ordered child or spousal support); Wells v. Wells, 12 Va. App. 31, 36 , 401 S.E.2d 891, 894 (1991) (holding that it was “within the discretion of the trial court whether or not to find [a husb	1	1
Wells v. Wellsgreen vactapp · 1991 · cited in 1 Virginia opinions naming this issue, 2016–2016 2 sentences 2016Under settled law, “[i]t is within the discretion of the trial court to conduct civil contempt proceedings.” Petrosinelli v. People for the Ethical Treatment of Animals, Inc., 273 Va. 700, 706 , 643 S.E.2d 151, 154 (2007) (internal quotation marks and citations omitted); see also Code § 20-115 (providing that a court “may” exercise the power of contempt for persons who have willfully refused to pay court-ordered child or spousal support); Wells v. Wells, 12 Va. App. 31, 36 , 401 S.E.2d 891, 894 (1991) (holding that it was “within the discretion of the trial court whether or not to find [a husb 2016Under settled law, “[i]t is within the discretion of the trial court to conduct civil contempt proceedings.” Petrosinelli v. People for the Ethical Treatment of Animals, Inc., 273 Va. 700, 706 , 643 S.E.2d 151, 154 (2007) (internal quotation marks and citations omitted); see also Code § 20-115 (providing that a court “may” exercise the power of contempt for persons who have willfully refused to pay court-ordered child or spousal support); Wells v. Wells, 12 Va. App. 31, 36 , 401 S.E.2d 891, 894 (1991) (holding that it was “within the discretion of the trial court whether or not to find [a husb	1	1
Ranney v. Ranneygreen vactapp · 2005 · cited in 1 Virginia opinions naming this issue, 2016–2016 2 sentences 2016ANALYSIS On appeal, we “do[] not retry the facts, reweigh the preponderance of the evidence, or make [our] own determination of the credibility of witnesses.” Ranney v. Ranney, 45 Va. App. 17, 31 , 608 S.E.2d 485, 492 (2005) (alterations in original) (quoting Moreno v. Moreno, 24 Va. App. 190, 195 , 480 S.E.2d 792, 795 (1997)). “[W]here, as here, the court hears the evidence ore tenus, its findings are entitled to great weight and will not be disturbed on appeal unless plainly wrong or without [supporting] evidence . . . .” Id. (quoting Alphin v. Alphin, 15 Va. App. 395, 399 , 424 S.E.2d 572, 2016ANALYSIS On appeal, we “do[] not retry the facts, reweigh the preponderance of the evidence, or make [our] own determination of the credibility of witnesses.” Ranney v. Ranney, 45 Va. App. 17, 31 , 608 S.E.2d 485, 492 (2005) (alterations in original) (quoting Moreno v. Moreno, 24 Va. App. 190, 195 , 480 S.E.2d 792, 795 (1997)). “[W]here, as here, the court hears the evidence ore tenus, its findings are entitled to great weight and will not be disturbed on appeal unless plainly wrong or without [supporting] evidence . . . .” Id. (quoting Alphin v. Alphin, 15 Va. App. 395, 399 , 424 S.E.2d 572,	1	1
Barrs v. Barrsgreen vactapp · 2005 · cited in 1 Virginia opinions naming this issue, 2013–2013 2 sentences 2013ISSUES 1 AND 3 In determining whether to modify an award of spousal support, “the moving party must prove: 1) a material change in circumstances; and 2) the change warrants a modification.” Barrs v. Barrs, 45 Va. App. 500, 507 , 612 S.E.2d 227, 230 (2005). 2013ISSUES 1 AND 3 In determining whether to modify an award of spousal support, “the moving party must prove: 1) a material change in circumstances; and 2) the change warrants a modification.” Barrs v. Barrs, 45 Va. App. 500, 507 , 612 S.E.2d 227, 230 (2005).	1	1
Carlucci v. Duck's Real Estate, Inc.green va · 1979 · cited in 1 Virginia opinions naming this issue, 2010–2010 2 sentences 2010Dr. Bundy’s testimony was submitted solely to demonstrate husband’s contemplation of divorce, and therefore to show that husband intended to dissipate marital assets, thus leading to the aforementioned marital waste. -3- (hereinafter Citizens Bank) (citing Carlucci v. Duck’s Real Estate, Inc., 220 Va. 164, 166 , 257 S.E.2d 763, 765 (1979)). 2010Dr. Bundy’s testimony was submitted solely to demonstrate husband’s contemplation of divorce, and therefore to show that husband intended to dissipate marital assets, thus leading to the aforementioned marital waste. -3- (hereinafter Citizens Bank) (citing Carlucci v. Duck’s Real Estate, Inc., 220 Va. 164, 166 , 257 S.E.2d 763, 765 (1979)).	1	1
Lcs v. Sasgreen vactapp · 1995 · cited in 1 Virginia opinions naming this issue, 2009–2009 1 sentence 2009L.C.S. v. S.A.S., 19 Va. App. 709, 715 , 453 S.E.2d 580, 583 (1995) (“The primary basis for calculating a support obligation is a spouse’s current income or any additional income within the spouse’s earning capacity.”).	1	1
L.C.S. v. S.A.Sgreen vactapp · 1995 · cited in 1 Virginia opinions naming this issue, 2009–2009 1 sentence 2009L.C.S. v. S.A.S., 19 Va. App. 709, 715 , 453 S.E.2d 580, 583 (1995) (“The primary basis for calculating a support obligation is a spouse’s current income or any additional income within the spouse’s earning capacity.”).	1	1
Lutes v. Alexandergreen vactapp · 1992 · cited in 1 Virginia opinions naming this issue, 2003–2003 2 sentences 2003"We are not the fact-finders,” however, "and an appeal should not be resolved on the basis of our supposition that one set of facts is more probable than another.” Fox v. Fox, 41 Va.App. 88, 96 , 581 S.E.2d 904, 908 (2003) (quoting Lutes v. Alexander, 14 Va.App. 1075, 1077 , 421 S.E.2d 857, 859 (1992)). 5 . 2003"We are not the fact-finders,” however, "and an appeal should not be resolved on the basis of our supposition that one set of facts is more probable than another.” Fox v. Fox, 41 Va.App. 88, 96 , 581 S.E.2d 904, 908 (2003) (quoting Lutes v. Alexander, 14 Va.App. 1075, 1077 , 421 S.E.2d 857, 859 (1992)). 5 .	1	1
Fox v. Foxgreen vactapp · 2003 · cited in 1 Virginia opinions naming this issue, 2003–2003 2 sentences 2003"We are not the fact-finders,” however, "and an appeal should not be resolved on the basis of our supposition that one set of facts is more probable than another.” Fox v. Fox, 41 Va.App. 88, 96 , 581 S.E.2d 904, 908 (2003) (quoting Lutes v. Alexander, 14 Va.App. 1075, 1077 , 421 S.E.2d 857, 859 (1992)). 5 . 2003"We are not the fact-finders,” however, "and an appeal should not be resolved on the basis of our supposition that one set of facts is more probable than another.” Fox v. Fox, 41 Va.App. 88, 96 , 581 S.E.2d 904, 908 (2003) (quoting Lutes v. Alexander, 14 Va.App. 1075, 1077 , 421 S.E.2d 857, 859 (1992)). 5 .	1	1
McLean v. Commonwealthgreen vactapp · 1999 · cited in 1 Virginia opinions naming this issue, 1999–1999 2 sentences 1999"In order to be considered on appeal, an objection must be timely made and the grounds stated with specificity." McLean v. Commonwealth, 30 Va. App. 322, 329 , 516 S.E.2d 717, 720 (1999) (en banc). 1999"In order to be considered on appeal, an objection must be timely made and the grounds stated with specificity." McLean v. Commonwealth, 30 Va. App. 322, 329 , 516 S.E.2d 717, 720 (1999) (en banc).	1	1
Dukelow v. Dukelowgreen vactapp · 1986 · cited in 1 Virginia opinions naming this issue, 1997–1997 2 sentences 1997"It is well established that spouses `entitled to support have the right to be maintained in the manner to which they were accustomed during the marriage,' subject to the other spouse's ability to pay." Furr, 13 Va. App. at 483 , 413 S.E.2d at 75 (quoting Dukelow v. Dukelow, 2 Va. App. 21, 26 , 341 S.E.2d 208, 210 (1986)). 1997"It is well established that spouses `entitled to support have the right to be maintained in the manner to which they were accustomed during the marriage,' subject to the other spouse's ability to pay." Furr, 13 Va. App. at 483 , 413 S.E.2d at 75 (quoting Dukelow v. Dukelow, 2 Va. App. 21, 26 , 341 S.E.2d 208, 210 (1986)).	1	1
Thomas v. Thomasgreen vactapp · 1991 · cited in 1 Virginia opinions naming this issue, 1993–1993 2 sentences 1993See Thomas v. Thomas, 13 Va. App. 92, 94 . 408 S.E.2d 596, 597 (1991). 2 Husband’s standard practico was to borrow up to one hundred percent of any equity in the properties he held. 1993See Thomas v. Thomas, 13 Va. App. 92, 94 . 408 S.E.2d 596, 597 (1991). 2 Husband’s standard practico was to borrow up to one hundred percent of any equity in the properties he held.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (6)

Case	Cited	Years
Robert W Szymczak, II v. Laura M Kane green vactapp · 2003 1 sentence 2008Whether to award attorney fees “is a matter submitted to the sound discretion of the trial court and is reviewable on appeal only for an abuse of discretion.” Smith, 43 Va. App. at 290 , 597 S.E.2d at 256 (quoting Kane v. Szymczak, 41 Va. App. 365, 375 , 585 1 Husband’s brief on appeal claims that wife presented no verification of the premiums she allegedly paid on husband’s behalf.	1	2008–2008
Smith v. Smith green vactapp · 2004 2 sentences 2008Whether to award attorney fees “is a matter submitted to the sound discretion of the trial court and is reviewable on appeal only for an abuse of discretion.” Smith, 43 Va. App. at 290 , 597 S.E.2d at 256 (quoting Kane v. Szymczak, 41 Va. App. 365, 375 , 585 1 Husband’s brief on appeal claims that wife presented no verification of the premiums she allegedly paid on husband’s behalf. 2008Whether to award attorney fees “is a matter submitted to the sound discretion of the trial court and is reviewable on appeal only for an abuse of discretion.” Smith, 43 Va. App. at 290 , 597 S.E.2d at 256 (quoting Kane v. Szymczak, 41 Va. App. 365, 375 , 585 1 Husband’s brief on appeal claims that wife presented no verification of the premiums she allegedly paid on husband’s behalf.	1	2008–2008
Utsch v. Utsch green vactapp · 2002 2 sentences 2003Utsch, 38 Va. App. at 464 n.4, 565 S.E.2d at 352 n.4. 2003Utsch, 38 Va. App. at 464 n.4, 565 S.E.2d at 352 n.4.	1	2003–2003
Bailes v. Sours green va · 1986 2 sentences 1998To rebut the presumption favoring a parent over a non-parent, the evidence must clearly and convincingly prove "(1) parental unfitness; (2) a previous order of divestiture; (3) voluntary relinquishment; . . . (4) abandonment[;]" and (5) "'special facts and circumstances . . . constituting an extraordinary reason for taking a child from its parent, or parents.'" Bailes, 231 Va. at 100 , 340 S.E.2d at 827 - 8 - (citations omitted). 1998To rebut the presumption favoring a parent over a non-parent, the evidence must clearly and convincingly prove "(1) parental unfitness; (2) a previous order of divestiture; (3) voluntary relinquishment; . . . (4) abandonment[;]" and (5) "'special facts and circumstances . . . constituting an extraordinary reason for taking a child from its parent, or parents.'" Bailes, 231 Va. at 100 , 340 S.E.2d at 827 - 8 - (citations omitted).	1	1998–1998
Furr v. Furr green vactapp · 1992 2 sentences 1997"It is well established that spouses `entitled to support have the right to be maintained in the manner to which they were accustomed during the marriage,' subject to the other spouse's ability to pay." Furr, 13 Va. App. at 483 , 413 S.E.2d at 75 (quoting Dukelow v. Dukelow, 2 Va. App. 21, 26 , 341 S.E.2d 208, 210 (1986)). 1997"It is well established that spouses `entitled to support have the right to be maintained in the manner to which they were accustomed during the marriage,' subject to the other spouse's ability to pay." Furr, 13 Va. App. at 483 , 413 S.E.2d at 75 (quoting Dukelow v. Dukelow, 2 Va. App. 21, 26 , 341 S.E.2d 208, 210 (1986)).	1	1997–1997
Atkinson v. Washington & Jefferson College green wva · 1903 1 sentence 1922Va. 32 , 46 S. E. 253 . [5] 2. (a) Was there sufficient evidence to sustain the finding of the decree under review of the fact of the willful withdrawal by the wife from the husband of the privilege of sexual intercourse, without just cause or excuse, more: than three years before suit and the continuance of such withdrawal for that period next preceding the suit; and. if so (b), was such constructive desertion sufficient ground, under the accompanying circumstances shown to exist in this case, to sustain the decree of divorce, under the Virginia statute (contained in section 5103 of the Code)	1	1922–1922

Statutes the citing opinions construe

VA § Va. Code Ann. § 17.1-413 (7) VA § Va. Code Ann. § 20-107.1 (4) VA § Va. Code Ann. § 20-107.3 (4) VA § Va. Code Ann. § 20-109 (4) VA § Va. Code Ann. § 20-91 (3) VA § Va. Code Ann. § 20-99 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 112 (1907–2026) MO 91 (1895–2024) TN 55 (1939–2025) AZ 52 (1968–2026) FL 44 (1934–2026) OH 43 (1933–2026) CA 41 (1873–2026) UT 37 (1987–2021) IN 35 (1982–2026) GA 33 (1900–2024) SC 32 (1963–2026) TX 23 (1930–2024) NY 21 (1850–2021) NC 17 (1897–2023) NM 16 (1990–2019) MA 15 (1878–2024) AL 15 (1846–2023) VA 14 (1922–2023) LA 12 (1912–2016) OK 12 (1926–2022) WY 9 (1929–2024) IL 9 (1881–2023) DE 8 (1987–2022) MD 7 (1922–2014) NJ 7 (1928–2019) KY 7 (1920–2025) VT 6 (1912–2014) OR 5 (1900–2025) HI 5 (2010–2025) MS 5 (1995–2016) WV 4 (2024–2025) MI 4 (1962–2004) CO 3 (1991–2026) SD 3 (1985–1993) NV 3 (1933–1998) NH 3 (2014–2025) ME 2 (1931–2009) RI 2 (1939–1985) IA 2 (1913–1943) DC 2 (1962–1970) MT 2 (1989–1994) CT 2 (1958–2019) KS 2 (1963–1974)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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