Marriage of McNeil CA2/2

BACKGROUND

Petition for dissolution and domestic violence restraining order Respondent Michelle Vittone-McNeil (Michelle) filed a petition for dissolution of marriage on August 17, 2017. An incident of domestic violence between the parties on September 6, 2017 resulted in the issuance of a temporary restraining order against Kevin the following day. On January 30, 2018, the trial court (the Honorable Shirley K. Watkins) granted Michelle’s request for a domestic violence restraining order (DVRO) against Kevin for a period of one year and accorded Michelle exclusive use of the couple’s home.2 The court ordered both parties to pay one-half of the mortgage, noting that it was taking into consideration Michelle’s ability to pay: “[R]ight now she does not have demonstrated income to pay the entire mortgage payment and to provide for her own support.” Michelle was not working at the time, although she had historically earned more than Kevin during the marriage. The trial court further noted that the

Because the parties share the same surname, we refer to them by their first names to avoid confusion. The DVRO was subsequently extended for an additional five years.

2 payment…