John Henry Thornburg, Jr. v. Cheryl A. B. Thornburg ( 1997 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Benton, Coleman and Willis
JOHN HENRY THORNBURG, JR.
MEMORANDUM OPINION *
v. Record No. 2056-96-3 PER CURIAM
FEBRUARY 18, 1997
CHERYL ANN BUCKLES THORNBURG
FROM THE CIRCUIT COURT OF THE CITY OF BRISTOL
Charles B. Flannagan, II, Judge
(Ralph M. Dillow, Jr.; Dillow and Esposito,
on brief), for appellant.
(Nancyjean Bradford; Bradford & Poe, on
brief), for appellee.
John Henry Thornburg, Jr. appeals the decision of the
circuit court granting a divorce on the ground of a one-year
separation. Husband contends the court erred in not granting the
divorce on the ground of desertion and in awarding permanent
spousal support to wife. Upon reviewing the record and briefs of
the parties, we conclude that this appeal is without merit.
Accordingly, we summarily affirm the decision of the trial court.
Rule 5A:27.
I.
The trial court did not err in granting a divorce on the
ground of a one-year separation. The evidence proved facts
sufficient to grant a divorce on that ground. Furthermore, the
trial court did not find that wife deserted the marriage. Even
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
assuming that the evidence was sufficient to prove desertion by
wife, a trial court is "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). "It is well established that 'where dual or multiple
grounds for divorce exist, the trial judge can use his sound
discretion to select the grounds upon which he will grant the
divorce.'" Id. (citation omitted).
II.
The only ground that statutorily bars a spouse's right to
support is adultery. Code § 20-107.1. Therefore, husband's
contention that wife's alleged desertion bars an award of spousal
support is without merit.
Accordingly, the decision of the circuit court is summarily
affirmed.
Affirmed.
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