Legal Question in Family Law in Virginia

How to cancel or close a divorce case?

I tried to prepare and submit papers for my own divorce (childless, uncontested), but unfortunately didn't do it correctly and recieved a Court letter rejecting my request for Ore Tenus hearing. Now I've found a divorce paperwork filing service to do it for me (I can't quite afford the lawyers fees in my area), but I've been told by the circuit court office that I first need have my current case closed. I have no idea how to do this. Is there a template or a form available?


Asked on 1/26/05, 7:15 pm

1 Answer from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: How to cancel or close a divorce case?

I'm not sure why you would have to dismiss this case. It seems to me that you could file a Motion to Amend the Bill of Complaint and file it again the right way and then serve your spouse.

However if you must dismiss one case before filing the next (why won't your filing service handle this?) then you simply file a Motion to Nonsuit. Doesn't have to be fancy "Comes now the plaintiff, pro se and moves this Honorable Court to Nonsuit the present action without prejudice" (allowing you to refile).

There is a book of legal forms put out by West Publishing that should be in any law library. If you need to - go there.

Good luck.

Read more
Answered on 1/26/05, 10:35 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Virginia