Gibson v. Gibson

Steven Gibson appeals a final decree from the Circuit Court of the City of Virginia Beach awarding his wife spousal support and attorneys fees. He asserts that a Tennessee divorce based on in personam jurisdiction precludes the wife from seeking spousal support in a subsequent Virginia proceeding. He contends that because the Virginia court was required to give full faith and credit to the Tennessee divorce decree which had found Diana Gibson guilty of cruelty, Code § 20-107.1 precludes an award from him of permanent maintenance or spousal support. Alternatively, he argues that in setting the amount of spousal support, the commissioner and the court failed to consider all the enumerated factors of Code § 20-107.1. Finally, Mr. Gibson urges that, assuming the first two issues are resolved in his favor, the award of attorneys fees against him as the prevailing party cannot stand. Finding no error, we affirm the trial courts rulings.