Legal Question in Family Law in Virginia

Final Decree in No-fault

In a no-fault divorce in the state of Virginia, do both parties have to sign the final decree? Or can just the plantiff sign?


Asked on 10/14/02, 1:21 pm

2 Answers from Attorneys

Elizabeth Jones Elizabeth Ann Jones, P.C.

Re: Final Decree in No-fault

In a no-fault divorce in Virginia, the signatures needed on the final decree depend on whether or not the defendant filed an answer, filed a waiver of service of process and waiver of further notice, or did nothing. If the defendant filed an answer, his or her signature will be necessary on the final decree. If the defendant filed a waiver of service of process and waiver of further notice, then his or her signature will not be necessary -- only the plaintiff needs to sign the final decree. If the defendant did nothing after being served, then the final decree must be presented to the court after the defendant has been served with notice as to what day and time the plaintiff will be presenting the final decree to the court. If the defendant is present in court on that day and time, he or she may sign. If the defendant is not present in court, only the plaintiff need sign.

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Answered on 10/14/02, 1:56 pm
Wayne Comer Wayne E. Comer, Esquire

Re: Final Decree in No-fault

Greetings re your GURU question.

I see that Ms. Jones, Esq. has already give a rather lengthy reply. I did not take time to review that but the short answer of course is that this Defendant has either filed a formal waiver of notice and participation in the ENTRY OF DECREES, or have NOT.

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Answered on 10/17/02, 2:10 pm


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