July 15, 2016
Pokemon and Distracted Driving
Being an attorney with one of Richmond’s leading law firms, I am well aware of both distracted driving accidents and how it relates to the new Pokemon Go craze! As a father of two and as a personal injury lawyer, the potential for catastrophic accidents of the target generation of this game is downright scary. Of course, teens, and all drivers should never text and drive. However, the lure of “catching” a rare Pokemon to a target driver may be overwhelming!
Nintendo recently launched its Pokemon Go application and has created an obsession with some. For those not aware, app users can now look through the camera of their handheld device and spot these adorable and interesting Pokemon creatures virtually luring around the real world! Players (trainers) can point and click their way to capturing these creatures. Do you remember the slogan “Got to Catch Them All?”
Sharing Pokemon with my kids about 15 years ago was a lovely and engaging pastime. I loved bringing home Pokemon cards on a Friday afternoon and preparing for the discussion of whether a Bulbasour could defeat an electric Pokemon! Now—– my kids are driving! The lure of these sentimental creatures nearby must be exciting and overwhelming.
We hope that Nintendo can disable the app while “trainers” are driving. Further, we can hope that the location of truly “rare” Pokemon will not create a rush on the roads that may cause needless accidents, injuries and death. It remains to be seen whether the app is sensitive to real life— not virtual— concerns.
July 12, 2016
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.
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.