Legal Question in Family Law in Virginia

can a motion for default judgement be filed in a divorce case


Asked on 1/12/10, 2:33 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, if the defendant party fails to respond to the divorce suit within the time alloted by law.

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Answered on 1/17/10, 8:22 pm
Paul B. Ward Law Offices of Paul B. Ward

No. Va. Code Ann. Section 20-99 states that no complaint for divorce shall not be granted on the uncorroborated testimony of the parties or either of them; Since the 1890's this has been held by the Supreme Court of Virginia to mean that a complaint for divorce shall not be taken as confessed; i.e. there is no defalt judgment in a divorce action in Virginia.

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Answered on 1/18/10, 8:45 am


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