Monday, July 4, 2016

Divorce Law is Equal for Same-Sex Couples, Rules Virginia Supreme Court

As reported by the Richmond Times-Dispatch, the Virginia Supreme Court has ruled that the law is equal for same-sex couples when it comes to divorce. The state’s highest court ruled that a Fairfax County man could stop paying alimony since his ex-wife lives with another woman.


According to Arlington, VA divorce lawyers, the court reversed the lower courts finding that the cohabitation standard did not apply to same sex-couples. The ruling comes almost a year after the US Supreme Court ruled that same-sex marriages were legal nationwide.

The case that the apex court ruled on was that of Michael Luttrell and Samantha Cucco. The couple divorced after 16 years of marriage in 2008. One of the terms of the divorce was that Luttrell pay alimony for 8 years. Divorce attorneys in Virginia point out that under the state’s law, the paying partner can stop paying alimony if the recipient partner remarries or cohabits with another person for a year or more.


On this basis, Luttrell petitioned to end alimony payments since Cucco was living with another partner for longer than a year. However, the latter argued that since she was in a relationship with another woman her situation did not qualify as cohabitation. Based on this she managed to receive rulings in her favor from the Fairfax County Circuit Court and the Virginia Court of Appeals.

Both courts determined that cohabitation applied only to a man-woman relationship. However, the Virginia Supreme Court reversed the lower courts order citing that their interpretation would produce a result that was untenable in identical divorce situations. Arlington, VA divorce attorneys know this is a logical decision.

Samantha Cucco – stop trying to have it both ways! Now you have to pay your own way or perhaps your new spouse can.


If you need legal help click right here @ divorce.usattorneys.com. Legal help is right around the virtual corner.  

Budding 10 Year Old Girl Golfer Prevented from Playing Following Child Custody Battle

This 10 year old girl is a child prodigy who has been playing golf since she was 3. She won 11 out of 12 tournaments across the Mid-Atlantic zone. In 2014, she shot a 6 under par 30 in the 9-hole course at the Nova Fall Tour Championship. Last year she won the 2015 Club Championships for Algonkian Golf Course in Sterling.

As reported by wtop.com, she is now the victim of a bitter child custody battle. Loudon County, Virginia, Judge Jeanette Irby issued a custody and visitation order stating that the 10 year old girl can visit either of her parents for Thanksgiving, Christmas, and summer vacations. The parents Michael Vechery and Florence Cottet Moine had earlier filed a divorce petition.

Arlington, VA divorce lawyers are not too happy that sometimes even kids' promising activities can be affected by a divorce. 
However, Judge Irby has also added a clause stating that that the young girl would not be permitted to play competitive golf for over a year - Arlington, VA divorce lawyers are not sure how this happened. She cannot play or participate in tournaments and take classes with any other golf pro except her father. Her father can play only one round of golf per week or 5 hours with her, whichever is greater.

What type of ruling is this? What is this judge thinking? Well, whatever parent made it come to this, that child is not going to care for them for perhaps the rest of their life.

Meanwhile, if you seem to be having issues with alimony, child custody, or support, it would be prudent to solve them early on. All you need is a Virginia divorce lawyer to make sure you receive a fair settlement. 

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