Contents

• Library: Virginia Family Law: A Systematic Approach (Virginia CLE) (2018 Ed.)

TABLE OF CONTENTS

About the Author
Preface
Electronic Forms: Instructions and Table
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

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APPENDIX 1-7: FEE AGREEMENT—LONG FORM
APPENDIX 1-8: COMPREHENSIVE INFORMATION FORM
CHAPTER 2: DIVORCE
2.1	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 B	ONO 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

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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

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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

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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

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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

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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

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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

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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

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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

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