Opinion
Record No. 1253-94-2
Decided: March 7, 1995
FROM THE CIRCUIT COURT OF CHESTERFIELD COUNTY, Herbert C. Gill, Jr., Judge
(Francisco Javier Royo, pro se, on brief).
No brief for appellee.
Present: Judges Benton, Coleman and Willis
Pursuant to Code Sec. 17-116.010 this opinion is not designated for publication.
Francisco Javier Royo appeals the decision of the circuit court awarding a divorce to his wife, Adrienne Joyce Royo on the basis of having lived separate and apart for a year or more. Francisco Royo raises numerous issues in his brief. However, the only issue which is properly before this Court is whether the trial judge erred in awarding wife a divorce on the grounds of having lived separate and apart. Upon reviewing the record and husband's opening brief, we conclude that this appeal is without merit. Accordingly, we summarily affirm the decision of the trial court. Rule 5A:27.
"The judgment of a trial court sitting in equity, when based upon an ore tenus hearing, will not be disturbed on appeal unless plainly wrong or without evidence to support it." Box v. Talley, 1 Va. App. 289, 293, 338 S.E.2d 349, 351 (1986). Evidence presented at trial proved the parties lived separate and apart without cohabitation for more than a year. Although the husband contends that the evidence proved that the wife deserted the marital home, it is well established that even if the evidence had supported both grounds of divorce, "the trial court was not compelled 'to give precedence to one proven ground of divorce over another.' " Williams v. Williams, 14 Va. App. 217, 220, 415 S.E.2d 252, 253 (1992) (citation omitted).
As stated in the June 16, 1994, order, and as clarified by the trial judge's September 16, 1994, letter to husband, issues relating to child support and spousal support were returned to the juvenile and domestic relations district court. Thus, those issues are not properly before this Court on appeal. Similarly, any issues arising in other pending circuit court cases involving husband may not be included in father's appeal from the trial court's decree of divorce.
Accordingly, the decision of the circuit court is summarily affirmed.
Affirmed.