Toomey v. Toomey

SENIOR JUSTICE WHITING

delivered the opinion of the Court.

This appeal concerns a circuit court’s jurisdiction to consider a nonresident party’s motion for equitable distribution that was filed more than 21 days after a final decree had been entered in a divorce suit.

Thomas Nelson Toomey, a resident of Virginia, filed a bill of complaint in the Circuit Court of the City of Newport News against Victoria L. Toomey, a resident of Oregon, seeking a divorce on the ground that the parties had lived separate and apart without cohabitation and without any interruption for a period of more than one…