Legal Question in Family Law in Virginia

Dismissing divorce

My husband filed for divorce in June and I cross-filed for adultrey. In August, we had the pendente lite hearing and everything was court ordered. At one point in September, we attempted to reconcile, but it did not work out. Husband has been late with child support, has not paid what he is supposed to. My attorney has withdrawn since I can't pay her. We have a show cause appearance tommorow for him, and I got something in the mail from his attorney that he wants to dismiss the divorce since we co-habiatated and reconciled in September. Dismissing the divorce would mean dismissing the show cause as well. CAn he do this? What are my options?? He is seven thousand dollars behind and my house is facing foreclosure. What can I do?


Asked on 12/19/06, 1:54 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Dismissing divorce

You should attend the Show Cause hearing and request enforcement of all support due under the pendente lite order and that the court enter an order requiring the defendant to have all arrearages paid within no more than 30 days from the date of the order. The court should also include in the order that your husband do whatever he is required to do with respect to taking care of his share of the mortgage.

Now that you've joined as a crossfiler the divorce action initiated by your husband and secured an order pendente lite, the decision to have the action now dismissed is not merely up to him.

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Answered on 12/20/06, 11:50 am


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