Q: In Va, has a circuit court rule it has subject matter jurisdiction reverse itself when parties tried to enforce it?
In a final divorce decree, a Chesapeake Circuit judge ordered it had subject matter jurisdiction to incorporate the parties' separation agreement and for the parties to strictly comply with its terms. When one of the parties attempted to enforce the terms of the incorporated agreement, the very same Circuit Court and same Judge ruled it did not have subject matter jurisdiction to enforce the terms of the SA as they relate to equitable distribution.
A:
Although I do not practice law in Virginia, many generic legal questions are answered the same way in all states. For example, most states have adopted the same laws in areas that lend themselves to interstate enforcement through compacts, including issues that arise in divorce proceedings that involve child custody disputes. Therefore, because you have mentioned jurisdiction in divorce situations involving "equitable distribution" I will attempt to answer your question as best I can.
Answer: In a divorce, it is very possible for the warring sides to agree on many issues and memorialize their agreement in writing. For example, if the parties agree to share all child support expenses 50-50, either side could enforce that agreement in any court having juris
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