Mato v. Birney

By Judge William H. Ledbetter, Jr.

On July 11,1988, in a divorce suit styled Barbara Carr Mato v. Jose M. Mato, this court declared the marriage of these parties void. For reasons explained in an opinion filed in that suit, the court held that it had no authority to make adjudications regarding equitable distribution of the parties’ property under Virginia Code § 20-107.3, vacated its pendente lite orders, and dismissed the suit. 12 Va. Cir. 153.

This litigation is a sequel. On January 4, 1990, Mr. Mato filed this suit seeking partition of the parties’ jointly-owned residence and various…