Pearson v. Pearson

This appeal arises out of an action for divorce. Virginia Pearson, the wife, sued Lindsey Pearson, the husband, for separate maintenance. The husband filed a counterclaim for divorce. The parties agreed through counsel to the terms of a property settlement should the court grant a noncontested divorce and this agreement was reduced to a written memorandum, although not in the form of a formal property settlement. During the negotiations between counsel no mention was made of the wife’s attorney’s fee and the memorandum made no reference to said attorney’s fee. At the prove-up the wife’s…