Legal Question in Family Law in Virginia
Divorce Process
My fiance filed for divorce in Oct.'04. In March '05 a deposition was done - in Aug. '05 my fiance found out that his astrange-wife was never served. Papers where refiled again and in Aug. '05 a second deposition was done and we where assured that she was served (she refused the paper, so they where put on her door). The final divorce decree was sent to the courts and now the judge in the case submitted a letter to the attorney that he does not see the paper work where the atrange-wife was served. Three weeks prior to receiving this information the attorney is asking for another processing fee. Question: What is the normal procedure when submitting the final decree to the courts for signature? What course of action can be taken if the attorney is financially taken advance of my fiance? This is an uncontested divorce and I'm just not understanding any of this and neither is my fiance.
1 Answer from Attorneys
Re: Divorce Process
Normally, when the final decree is sent to the judge for signature, everything is in place to
in fact finalize the divorce, including, of course, proof that all necessary parties have been properly served with the required papers.
If the judge has determined that one of the parties in a divorce action has not been properly served, there's no way that the court can sign the decree. The attorney responsible must again undertake action to have the party properly served with the papers and have proof of proper service before the divorce can be finalized with the judge putting his or her signature to the final decree.
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