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I would like to know what this mean please. Notice Regarding Beneficiary Designation:Beneficiary designations for any death benefit, as defined in subsection B of 20-111.1 of the Code of Virginia, made payable to a former spouse may or may not be automatically revoke by operation of law upon the entry of a final decree of annulment or divorce. If a party intends to revoke any beneficiary designation made payable to a former spouse following the annulment or divorce, the party is responsible for following any and all instructions to change such beneficiary designation given by the provider of the death benefit. Otherwise, existing beneficiary designations may remain in full force and effect after the entry of a final decree of annulment or divorce. And this case is ordered to be retained on the docket for such further orders and proceedings as may be necessary. I have another question. if I want the custody and support does the circuit court handle this case or does it go back toJDR
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This provision under Virginia Code §20-111.1 is a fairly new statute requiring that this notice be contained in every divorce order in Virginia. It is basically saying that you need to change your beneficiaries under any retirement plans or insurance policies. If your spouse is named as your beneficiary, this will not be changed automatically by a divorce. If you do not want your ex-spouse to be paid out any benefits, you need to change it directly with the company.
As for custody and child support, these issues can be handled by the Circuit Court as part of the divorce or they can be done separately in the Juvenile & Domestic Relations District Court. The two courts have concurrent jurisdiction of these issues. However, if the issues are being addressed before a divorce or by unmarried parents, then they must be brought in the JDR Court. Once decided by the Circuit Court, they can be remanded to the JDR Court or they can remain in the Circuit Court, if no one asks that they be remanded. Spousal support claims can always be brought in either court prior to the divorce being finalized.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Feb 15th, 2014 at 10:18 PM