Author: Joe

Joe Thompson Cravens Is the President of Cravens & Noll, P.C. in Richmond where he practices in the areas of personal injury, criminal law, domestic relations and military law. Mr. Cravens received his B.A. degree from the University of Virginia and his J.D. degree from the College of William & Mary.

Adultery is Still a Player In Virginia Divorce Courts

Adultery still a defense to Spousal Support:

Virginia Court of Appeals Reverses Spousal Support Award for Adulterous Wife.

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In the recent case of Mundy v. Mundy, the Virginia Court of Appeals reversed a lower court ruling granting spousal support to an adulterous wife. Mundy v. Mundy, 66 Va. App. 177, 184 (Va. Ct. App. 2016)  Although the husband earned $850,000.00 per year, and the wife did not work outside the home, the court of appeals determined that given wife’s admission, and the lower courts finding, that Mrs. Mundy had committed adultery with “multiple” sexual partners, that the denial of spousal support would not be a “manifest injustice” under VA Code §20-201.1 (B).

This is in line with a line of cases beginning with Bandas v. Bandas, wherein an attorney husband was found to pay spousal support to his adulterous wife because of the relative inequities of income would produce a “manifest injustice” economically to deny her spousal support. Bandas v. Bandas, 16 Va. App. 427, 434 (Va. Ct. App. 1993)

What we can take from this new case is that adultery is still a player (no pun intended) on the divorce battlefield. Clearly, the circumstances of the adultery, multiple partners, and the relative lack of fault on the part of the husband in the dissolution of the marriage are factors the courts in Virginia will still reply upon.

Cravens and Noll, an experienced Virginia law firm, takes great pride in the trust our clients place in our counsel. Before taking a case, Cravens and Noll lawyers provide free consultations for clients call (804) 330-9220 to schedule. 

Joe Thompson Cravens Is the President of Cravens & Noll, P.C. in Richmond where he practices in the areas of personal injury, criminal law, domestic relations and military law. Mr. Cravens received his B.A. degree from the University of Virginia and his J.D. degree from the College of William & Mary.

Gun Laws in Virginia 2016 Update

Laws passed by the Virginia General Assembly last February will go into effect on next week, July 1. There are hundreds of new laws on the books and some of them will impact gun owners and those looking to purchase a firearm. 

Virginia will recognize all valid concealed handgun or concealed weapon permits and licenses issued by other states, according to State Police.

That recognition will depend on the following requirements:

1. The holder of such permit or license is at least 21 years of age; and

2. The permit or license holder carries a photo identification issued by a government agency of any state or by the U.S. Department of Defense or U.S. Department of State; and the holder displays the permit or license and such identification upon demand by a law-enforcement officer; and

3. The permit or license holder has not previously had a Virginia concealed handgun permit revoked.

Although the new law requires Virginia to grant recognition to all states that issue permits, other states are not required to recognize or authorize Virginia permit holders to possess a firearm in their state.

Furthermore, starting July 1, people who want to privately buy or transfer firearm(s) at a gun show in Virginia can request a criminal background check on the buyer. State Police will be available at every firearms show in Virginia to conduct those checks.

A background check in a private sale ensures that the gun is transferred only to a person lawfully eligible to possess firearms and provides evidence to the seller of diligence to protect against the illegal transfer of firearms. Participation in these background checks is strictly optional and based upon agreement entered into by the firearms seller and recipient.

Those background checks would cost $2 and takes about three minutes.

Click here for information about what it takes to be eligible to buy a gun in Virginia.

Joe Thompson Cravens Is the President of Cravens & Noll, P.C. in Richmond where he practices in the areas of personal injury, criminal law, domestic relations and military law. Mr. Cravens received his B.A. degree from the University of Virginia and his J.D. degree from the College of William & Mary.

The pros and cons of using social media during divorce

It now seems like Americans fall into two categories in respect to social media. One set believes that social media affects their communication in such negative ways that they simply choose not to engage in its use. The other camp seems to use social media with great regularity. Both approaches are understandable, as there are both significant benefits and significant pitfalls associated with the use of social media.

When individuals are navigating divorce proceedings, social media can be similarly beneficial or harmful, depending on how each person chooses to use these communication tools. On the one hand, social media use can be tracked by opposing legal counsel and used against a person in court. This phenomenon has led many family law attorneys to counsel their clients to shut down their social media accounts for the remainder of the process.

However, if individuals use social media responsibly, it can be a tool for healing during divorce. A recent study published by experts at UCSC and Lancaster University indicates that much of Americans’ lives are captured on the social media accounts of individuals who access them regularly. Choosing to either keep reminders of a former spouse on social media accounts or to delete all memories can be a tough emotional choice to make. However, once that choice is made, it can be cathartic to either delete photos and other reminders or make peace with their continued presence.

No matter what route you choose, if you are navigating a divorce you must either shut down your social media accounts or use them responsibly as you move forward. Whatever choices you make can either hurt you or truly help you in your legal and emotional processes.

Source: Huffington Post, “In Your Facebook! The Role of Social Media in Making Breaking Up Both Harder and Easier,” Susan Pease Gadoua, July 29, 2013

Joe Thompson Cravens Is the President of Cravens & Noll, P.C. in Richmond where he practices in the areas of personal injury, criminal law, domestic relations and military law. Mr. Cravens received his B.A. degree from the University of Virginia and his J.D. degree from the College of William & Mary.