Legal Question in Family Law in Virginia
conclusion of divorce hearing in york county, va judge entered final decree but granted the defendent leave to file a motion that articulates the facts supporting the defendents allegations of fraud, coercion, and duress concerning PSA. Judge adviced he would consider vacating the decree in the event that certain facts were plead in support of defendents claim and defendent would have 21 days to file pleading. In va, legally if the defenedent is not contesting the divorce but the PSA and the judge has submited the final entry is the divorce still allowed to go through while they argue the PSA. If so can the judge hold up the divorce legally after he has submitted the final entry while they decide the PSA or by law does he have to let the divorce go through?
1 Answer from Attorneys
The entry of the final decree is not final until 21 days have elapsed from the date
of entry.