COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Coleman and Willis 

VANE E. McRAE 

 MEMORANDUM OPINION*

v. Record No. 0208-96-1 PER CURIAM 

 SEPTEMBER 24, 1996 

HELEN A. McRAE 

 FROM THE CIRCUIT COURT OF THE CITY OF NEWPORT NEWS 

Robert W. Curran, Judge 

 (Steven P. Frank; Romayne L. Frank, on 

brief), for appellant. 

 (LeeAnn N. Barnes; Hall, Fox and AtLee, on 

brief), for appellee. 

 Vane E. McRae (husband) appeals the decision of the circuit 

court granting Helen A. McRae (wife) a divorce. Husband raises 

two issues on appeal: (1) whether the evidence supports the trial 

judge's finding that the parties lived separate and apart for one 

year; and (2) whether the trial judge erred in assessing 

sanctions against husband's counsel for failing to sign the 

decree of reference. Upon reviewing the record and briefs of the 

parties, we conclude that this appeal is without merit. 

Accordingly, we summarily affirm the trial judge's decision. 

Rule 5A:27. 

Living Separate and Apart

 In husband's answer to wife's bill of complaint, husband 

admitted that he and wife had last cohabited as husband and wife 

 

 *Pursuant to Code § 17-116.010 this opinion is not 

designated for publication. 
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on March 19, 1994. Husband's pleadings also alleged that wife 

forced him to move out of the marital home and into the garage on 

March 19, 1994. 

 The deposition testimony established that husband moved from 

the marital bedroom at wife's request in March 1994 and that the 

parties never resumed marital relations. However, the parties 

continued to live at the same address until May 1995. Husband 

initially slept on the sofa, then moved out of the house and into 

the detached garage. Husband continued to use the bathroom and 

laundry facilities in the house. Wife frequently stayed 

overnight at her sister's home. 

 "'"[M]atrimonial cohabitation" consists of more than sexual 

relations. It also imports the continuing condition of living 

together and carrying out the mutual responsibilities of the 

marriage relationship.'" Dexter v. Dexter, 7 Va. App. 36, 41, 

371 S.E.2d 816, 819 (1988) (citations omitted). The parties' 

pleadings and the evidence established that the parties lived 

separate and apart without cohabitation for the requisite period 

of time. Therefore, the trial judge did not err in granting wife 

a divorce on the basis of the parties' one year separation. 

 Sanctions

 The trial judge indicated in his oral ruling that he would 

award wife attorney's fees for the effort necessary to compel 

husband's counsel to endorse the decree of reference. Wife 

contends that no order on this issue was ever entered from which 
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an appeal may be taken. The record supports wife's contention. 

Neither an order nor the final decree contains an award of 

attorney's fees. 

 "A court of record speaks only through its written orders." 

Hill v. Hill, 227 Va. 569, 578, 318 S.E.2d 292, 297 (1984). 

Because no order has been entered to give effect to the oral 

ruling concerning sanctions, that issue is not reviewable. See

Weizenbaum v. Weizenbaum, 12 Va. App. 899, 903, 407 S.E.2d 37, 39 

(1991). Therefore, we do not address this issue. 

 Accordingly, the decree of the circuit court granting a 

divorce on the grounds the parties lived separate and apart for 

one year is summarily affirmed. 

 Affirmed.