Bucci & Dix

Failure To Attend Divorce Hearing Costs Husband Thousands

In Darley v. Darley, the Virginia Court of Appeals summarily affirmed the Prince William County Circuit Court's award of spousal support to Ms. Darley.

The Darleys were married in 1971.  During their marriage, Mr. Darley was in the military.  In 1999, husband and wife separated and husband moved to Panama.  Since 2001, husband paid $500 per month in spousal support according to a spousal support order in Virginia Juvenile and Domestic Relations Court.  Sometime in 2007, husband obtained a divorce in Panama, and in 2008 he asked the Prince William County court to acknowledge to foreign divorce.  Because he still lived in Panama, the husband did not attend the divorce hearing.  The wife testified that she was unemployed and unable to find work.  She was also on Social Security and relied on her children and credit cards to meet her living expenses.  Without testimony from the husband, the court awarded wife 50% of the husband's military retirement pay, $600 per month in spousal support (rather than $500), and $1,500 in attorney's fees.

The husband challenged this decision, arguing that the trial court could not award so much to his former wife when there was no evidence that he had any income in addition to his military retirement pay.  He also argued that the increase in support was unwarranted.  Citing the husband's failure to appear at the divorce hearing, the court affirmed both decisions of the trial court.  Since the husband did not appear to testify about his sources of income or to refute the wife's testimony about her costs of living, he was unable to challenge the trial court's rulings.