Specific Request for Spousal Support Required

In the case of Harrell v. Harrell, the Virginia Supreme Court ruled that a wife failed to make a specific request for spousal support in any of her pleadings in the case which would permit the trial court to grant her request seeking to reserve the right to seek spousal support after the divorce decree was entered in the case.

Analysis:  This case is significant because it highlights the importance of specifically stating a request for relief in one’s pleadings in a divorce case.  In this case, the wife filed a bill of complaint which was dismissed because it was filed a few days before the anniversary of the parties’ one year separation.  She did request spousal support in this pleading, but it was dismissed.  She filed an amended bill of complaint without seeking the court’s permission (as is required by the rules governing such matters in Virginia).  This prevented the court from considering this pleading.  She then filed a motion for relief asking that her prior pleadings be deemed sufficient to reserve support.  But, did not specifically request spousal support as is required by Virginia law.