Legal Question in Family Law in Virginia
Divorce
I was married in NY 12 years ago. I have been legally separated for the last nine years. I have a ten year old son from that marriage. I left NY 4 years ago, I have never stopped supporting my child, I pay a total of 500.00 a month and I visit NY at least twice a year to see him. I send extra money whenever I can, or for special occassions to buy him something extra. I make less money in Virginia than I did in NY, I have never gone to court or even asked the Child support office to lower my payments. However, I recently filed for divorce and my ex-wife stated she will not sign the divorce papers and that she will take me to court and ask for an inrease in child support. It is my understanding that since I have not lived with her in nine years it she cannot fight me on the divorce. I am not asking for custody of my child either all I want is to be able to see him at least twice a year since she will not let him come and spend vacations with me. Can she refuse to sign the papers so that my divorce can be finalized? or is it just a fomality?. Thank you for your attention to this question.
2 Answers from Attorneys
Re: Divorce
The defendant spouse is not required to sign or
consent to the divorce in order for it to be finalized. Your wife, however, can certainly request a hearing to have your child support amount increased. You would ,of course, be entitled to attend this hearing and make counter arguments either on your own or through an attorney as to why it should not be increased.
You are also entitled to request, if necessary, that the court order an appropriate visitation schedule that will alloiw you to see your child on a regular basis.
Re: Divorce
You will be able to get a divorce without the consent of your wife. You must simply make sure that she is properly served. The court will ask you if there are any property or support rights that need to be settled at the hearing. The child support has already been handled, I take it from your email, so the only question remains is whether there will be any spousal support or any other property division. If there are spousal support or property claims then she can delay the final divorce, but not prevent it. If there are no property or support claims then you can file for divorce, in VA, after one year of separation and she can't stop you.
Please call me if you have any questions at 703-968-3974. Good luck to you.
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