Prenups Gain Traction Among Young Middle-Class Couples in Virginia

Attorneys report noticeable uptick in prenuptial agreements among middle-class couples in their 20s and 30s, representing shift in family law practice trends.

VLW - Family Law

VSB Public Reprimand: Jenifer Shirey (Sept 30, 2026)

Second District, Section I Subcommittee issued public reprimand without terms to Jenifer Shirey, effective September 30, 2026.

VSB Disciplinary Action

VSB Suspension: Aaron Sharron Jackson (Administrative suspension, Sept 24, 2026)

Administrative suspension of Aaron Sharron Jackson license to practice law, posted October 1, 2026.

VSB Disciplinary Action

VSB Public Reprimand: Dominick Anthony Pilli (Oct 1, 2026)

Fifth District, Section III Subcommittee issued public reprimand with terms to Dominick Anthony Pilli, effective October 1, 2026.

VSB Disciplinary Action

VSB Suspension: Anthony Gerome Davis (Administrative suspension, posted Oct 7, 2026)

Administrative suspension of Anthony Gerome Davis license to practice law (originally November 13, 2008).

VSB Disciplinary Action

McKenzie-Gary v. Commonwealth — Court of Appeals Affirms Protective-Order Violation Where Respondent Kept Yelling at Petitioner After Service

In an unpublished per curiam opinion (Record No. 0598-25-1), the Court of Appeals affirmed a Suffolk jury conviction under Code § 16.1-253.2 for violating a preliminary protective order. After an officer served the PPO and read its no-contact term aloud, the respondent repeatedly yelled disparaging remarks at her husband from across the street and continued after the officer warned her she was violating the order. The court held this conduct intentionally pierced the protective barrier created by the order, so it did not need to decide whether an unchecked exclusive-possession box meant her refusal to leave the home was also a violation. Practical takeaway: advise PPO respondents that any verbal contact, even immediately after service and at a distance, supports a conviction; read with Hazelwood v. Commonwealth on what counts as contact. VLW 026-7-402.

McKenzie-Gary v. Commonwealth, Record No. 0598-25-1, VLW 026-7-402 (Va. Ct. App. Sept. 15, 2026) (unpublished)

Rottenhoffer v. Rottenhoffer — EDVA Orders Child Returned to Hungary Under Hague Convention; Grave-Risk Defense Rejected Despite Past Spousal Abuse

After a three-day expedited bench trial, the Eastern District of Virginia (Judge Davis) granted a father's amended Hague Convention/ICARA petition and ordered the parties' child, M.R., returned to Hungary. The court found no wrongful removal but found wrongful retention: the mother refused to return from the U.S. after summer 2025 over a passport-renewal dispute, in breach of the father's custody rights under Hungarian law, and also disregarded a Hungarian court's return order. Although the mother proved she suffered verbal and physical abuse during cohabitation (some witnessed by the child), the court found the verbal abuse was mutual, there was no abuse directed at the child, and spousal abuse two or more years before departure did not establish a grave risk of harm or an intolerable situation; any transition harm flowed from the wrongful retention itself. Practical takeaway: contrast with Loblein v. Alcaraz (VLW 026-3-235) — the grave-risk exception generally requires evidence of risk to the child, not historical inter-spousal conflict alone. VLW 026-3-392; Civil No. 2:26-cv-00589-MSD-LRL (ECF No. 80). Note: the VLW digest spells the name Rottenboffer; the opinion caption reads Rottenhoffer.

Rottenhoffer v. Rottenhoffer, VLW 026-3-392, No. 2:26-cv-589 (E.D. Va. Sept. 11, 2026)

LPC Commercial Services v. Ar-Razzaaq — CAV Sanctions Attorney for AI-Hallucinated Quotes in Brief

Court sanctioned Michael Hadeed Jr. for 25 fabricated quotations in brief; imposed mandatory AI-related CLE within 6 months

LPC Commercial Services v. Ar-Razzaaq Properties, 1407-25-4 (Va. App. Aug. 25, 2026)

Nyks v. Corkum — Court of Appeals Reverses Equitable Distribution: Post-Separation Assets Presumed Separate; Burden Cannot Shift

In an unpublished opinion (Record No. 1277-25-2), the Court of Appeals affirmed a divorce on desertion grounds (the adultery finding was harmless error) but reversed equitable distribution. Property acquired after the last separation is presumed separate, and the spouse claiming it is marital must prove it was acquired with marital funds; the trial court erred by shifting that burden to the husband on a €5 million home and substantial accounts despite his discovery violations. The $420,000 lump-sum spousal support award was vacated for reconsideration under Va. Code § 20-107.1(E)(8). Discovery misconduct should be addressed through sanctions rather than burden-shifting.

Nyks v. Corkum, Record No. 1277-25-2 (Va. Ct. App. Sept. 22, 2026) (unpublished)

VSB Discipline: John Sills O'Keefe — 90-Day Suspension (Diligence, Communication, Termination of Representation)

The VSB imposed a 90-day suspension on John Sills O'Keefe of Staunton, effective September 16, 2026, by agreed disposition. Violations involved diligence, communication, and declining or terminating representation (RPC 1.3, 1.4, 1.16). Practice area was not identified. Lawyers withdrawing from matters must protect client interests, including returning files and unearned fees.

VSB (agreed disposition), eff. Sept. 16, 2026

Hargrave v. Estate of Beckenstein — Court of Appeals: 'During the Marriage' in Premarital Agreement Ends at Final Separation

In an unpublished opinion (Record No. 0409-25-2), the Court of Appeals construed a Virginia-law premarital agreement giving the wife half the increase in value 'during the marriage' of the residence and husband's retirement accounts. Applying the settled § 20-107.3 meaning from Price and Dietz, the phrase ends at the last separation when at least one spouse intends it to be permanent, not at the divorce date; references to 'legal separation' and other states did not alter that meaning. The ruling reduced the wife's recovery by about $574,041. Drafting lesson: if parties intend appreciation to run through divorce, the agreement must say so expressly.

Hargrave v. Estate of Beckenstein, Record No. 0409-25-2 (Va. Ct. App. Sept. 15, 2026) (unpublished)

VSB Discipline: Thomas Francis Hennessy — Public Reprimand Without Terms (Conflict of Interest)

A Fifth District Section III subcommittee imposed a public reprimand without terms on Thomas Francis Hennessy of Fairfax, effective September 11, 2026 (VSB Docket No. 26-053-138124). The violation involved the general conflict-of-interest rule (RPC 1.7). Practice area was not identified. Family lawyers should screen carefully for concurrent conflicts, including when approached by both spouses. This action is separate from his earlier public reprimand effective April 15, 2026 (VSB Docket No. 26-053-137075, safekeeping property).

VSB Docket No. 26-053-138124

Pew Research: 6 Facts About Grandparents in the U.S.

Pew reports that in 2024, 8% of U.S. children lived in a household headed by a grandparent, and 43% of those lived with a grandmother with no spouse present. About 21% of grandparents reported providing 100 or more hours of grandchild care over two years. Virginia allows grandparents to seek custody and visitation as persons with a legitimate interest (Va. Code § 20-124.1), so these data provide useful background for third-party custody and kinship-care cases.

Larch v. Larch — Court of Appeals: Retirement Accounts Valued at Evidentiary Hearing; Inherited Home Appreciation Must Be Addressed

In an unpublished opinion (Record No. 0667-25-1), the Court of Appeals held that while Va. Code § 20-107.3(G)(1) fixes the marital share of retirement accounts as of separation, the accounts must still be valued as of the evidentiary hearing under § 20-107.3(A) absent a motion and good cause for another date. The trial court also erred by ignoring appreciation on an inherited home the husband successfully traced, and by treating the wife's separate investment account as partly marital without proof that marital contributions or significant personal effort caused its growth under § 20-107.3(A)(3)(a). Spousal support was remanded with equitable distribution. Practitioners should present hearing-date valuations and an appreciation method (e.g., Keeling).

Larch v. Larch, Record No. 0667-25-1 (Va. Ct. App. Sept. 8, 2026) (unpublished)

Parr v. Amherst County DSS — Court of Appeals Construes Access to Unfounded CPS Report Files Alleging Bad-Faith Reporting

In a published first-impression opinion (Record No. 1708-25-3), the Court of Appeals interpreted Va. Code § 63.2-1514(D), which lets the subject of an unfounded abuse report obtain the investigative file upon a 'reasonable question of fact' that the report was made in bad faith. The question must be provable or disprovable (not mere opinion) and causally linked to the making of the report; an unfounded disposition alone does not establish bad faith. The trial court weighs the petition against the sealed file and may reject accounts the record shows are not credible, focusing on who initiated the report. Relevant to custody litigants who suspect the other parent made a retaliatory CPS report.

Parr v. Amherst Cnty. Dep't of Soc. Servs., Record No. 1708-25-3 (Va. Ct. App. Sept. 8, 2026)

VSB Discipline: Sequitta M. L. Banks — Public Reprimand With Terms (Safekeeping Property)

The Disciplinary Board imposed a public reprimand with terms on Sequitta M. L. Banks of Fairfax, effective August 28, 2026. The violations involved safekeeping property/trust account handling, bar admission and disciplinary matters, and misconduct (RPC 1.15, 8.1, 8.4). Practice area was not identified. Trust-account compliance remains the most common source of discipline for small-firm practitioners, including family lawyers holding retainers.

Va. State Bar Disciplinary Board, eff. Aug. 28, 2026

President's Alternative Pay Plan: 2027 Civilian Federal Pay Freeze; Tiered Military Raises

On August 26, 2026, the President transmitted an alternative pay plan (H. Doc. 119-189) holding 2027 base and locality pay for civilian federal employees at 2026 rates, with a separate 3.8% increase for certain law enforcement personnel. Military basic pay would rise 7% (E1–E5), 6% (E6–O3), and 5% (O4 and above). Congress may still act, but the alternative plan typically takes effect. Virginia practitioners projecting income for federal-employee support calculations should not assume a January 2027 civilian raise, while service members' income will increase.

H. Doc. No. 119-189 (2026); 5 U.S.C. §§ 5303(b), 5304a

VSB Discipline: Caleb Lee Perry — Public Reprimand Without Terms (Competence, Diligence, Communication)

The VSB imposed a public reprimand without terms on Caleb Lee Perry of North Chesterfield, effective August 26, 2026, by agreed disposition. The violations involved the rules on competence, diligence, and communication (RPC 1.1, 1.3, 1.4). Practice area was not identified in the VSB summary. The case reinforces baseline duties to keep clients informed and move matters forward.

VSB Docket (agreed disposition), eff. Aug. 26, 2026

Census Bureau Postpones 2025 ACS 1-Year Estimates, Delaying New Marriage and Divorce Data

On August 6, 2026, the Census Bureau announced that the release date for 2025 American Community Survey 1-year estimates 'is being determined' while it assesses a new Commerce Department disclosure-avoidance directive, with tables expected later in 2026. As a result, there was no September 2026 ACS release of marriage and divorce data. The latest Virginia figures remain the 2024 1-year and 2020–2024 5-year estimates (released January 29, 2026). Practitioners and experts citing current-year Virginia statistics should note the gap.

Uniform Law Commission Approves Revised Uniform Transfers to Minors Act (2026)

The ULC approved the Uniform Transfers to Minors Act (2026) at its July 2026 annual meeting, the first revision since the 1983 act adopted in every state including Virginia. The revision permits a new custodianship to continue past majority up to age 25, allows transfers of custodial property into 529/530 accounts and special needs trusts, eases appointment of successor custodians, and raises thresholds for court oversight. Relevant to Virginia divorce practice where custodial accounts appear in property settlement agreements, education-funding provisions, or disputes over a parent-custodian's use of a child's funds. Virginia has not yet adopted the revision.

Uniform Transfers to Minors Act (ULC 2026)