Legal Question in Family Law in Virginia

Divorce Decree

My brother has been trying to get a divorce from his STBX since September 2000. The commissioner hearing was held April of this year and because they both at this present time have an attorney the commissioner has not filed his report simply because the court reporter has not been paid their fee for the report. So therefore the commissioner cannot file the divorce decree without the report. Is their a Statue of Limitations on the time limit. Will the case be dismissed? What will be the step to take to have the case either withdrawn and start over other etc.


Asked on 8/13/02, 3:55 pm

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: Divorce Decree

I read your inquiry earlier and ignored it because it stated that it was in a VA setting. In MD, once the master has heard evidence, he/she issues findings of fact and a recommended decision. The proceedings are taped, and the master doesn't usually need a transcript in order to issue a decision. There is no "statute of limitations" or any other fixed time limit in which the master is required to issue the decision. The case won't be dismissed unless both parties consent in the dismissal before a decision is rendered, and even then it's up to the court.

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Answered on 8/14/02, 3:04 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Divorce Decree

Having gone this far, what would your brother achieve by withdrawing the case and starting over?

Why not get the court reporter paid and get on with it---even if your brother has to pay the entire fee himself? ($100 or so.)

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Answered on 8/14/02, 11:48 pm


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