Darden v. Witham

Littlejohn, Justice.

Colgate W. Darden, III, commenced this action on March 5, 1971. His petition alleged that his former wife (Elizabeth J. Darden Witham) having remarried, it was doubtful whether his obligation to make payments under a 1967 divorce decree and/or an agreement was a continuing one in view of Section 20-114 of the Code. The petition further asserted that the property settlement agreement had merged into the divorce decree and had lost whatever contractual nature it might have had. Darden prayed that the court “look into the matter and declare the rights and obligations of the…