Legal Question in Family Law in Virginia

So here�s a bit of background on my situation. I filed for divorce back in March on my own. I submitted the divorce documents based on a six-month separation, uncontested divorce. I was not aware that a separation/property settlement agreement needed to be completed at this time. A few weeks later, I found out my file was rejected because I was missing this document. In addition, there were questions about my residency. I had listed a Pennsylvania address but was filing in Virginia. Since I was away for some time over the summer and busy in Philadelphia, I wasn�t able to submit the agreement until only a few weeks ago. My case was rejected again because I was told that the separation agreement needed to have been signed on or before the date of the complaint back in March. In addition, they told me to file a non-suit for the current case and refile the complaint. This is something that I�m not sure about. I was told that the separation agreement could be sent after the date of the complaint and reviewed at our court hearing but this doesn�t seem to be the case. Do I have to refile everything all over again? If so, will the court give me my original agreement back or will they destroy everything?


Asked on 9/23/12, 7:41 pm

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

It sounds like you were filing based on having been separated for more than six months and having a written separation agreement. The normal period of separation to eititle you to a divorce is one year, but that can be shortened to six months if there is a written agreement.

In Virginia, unlike other states, the court does not have jurisdiction over the parties unless they already have established grounds for divorce. (I know from recent experience that is not the case in Pennsylvania.) Since you presumably filed before a year of separation, the court cannot take the case because the other prerequisite was missing -- the agreement.

You will have to refile, and can get the agreement from the court file.

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Answered on 9/24/12, 5:21 am


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