Factual Findings During Previous Hearing Did Not Prohibit Contrary Divorce Decree

In the case of Dowtin v. Dowtin, the Virginia Court of Appeals, in an unpublished opinion ruled that a trial court could enter a final decree that was contrary to an earlier oral finding.  In doing so, the Court stated that:

“it is well settled that “[a] court of record speaks only through its written orders.” Hill v. Hill, 227 Va. 569, 578, 318 S.E.2d 292, 297 (1984). The court made certain findings (about the value of the husband’s guns and whether or not those guns were marital property or separate property), reconsidered those findings at several hearings including one held telephonically, and entered the final decree consistent with the revised findings. The record shows that husband’s attorney also revised his initial claim as to the value of what constituted separate property. The record demonstrates that during the numerous hearings, both parties understood that the value of what constituted separate property was a contested matter. The matter was under the control of the trial court during the time before the final decree was entered, see Rule 1:1, and the trial judge could properly revise his findings as necessitated by the evidence and arguments of counsel.”