Legal Question in Family Law in Virginia
Proposed order granting leave to amend
I have filed the necessary paperwork for an uncontested divorce in Fairfax County, Virginia. I received notification that my divorce may not proceed since the Property Settlement Agreement was filed after the Bill of Complaint on grounds of a six month separation. I am now required to submit an amended Bill of Complaint, Final Decree, and to have the opposing perty re-served the Bill of Complaint based on a one year separation instead of a six month separation.
My confusion lies with having to submit a Proposed Order Granting Leave to Amend these divorce documents i.e. changing the grounds of divorce from six months to one year separation. What language is to be included a Proposed Order Granting Leave to Amend and must I cite Fed.R.Civ.P.15(a)?
1 Answer from Attorneys
Re: Proposed order granting leave to amend
You do not cite Fed.R. Civ. P 15(a)as your authority to amend the Bill of Complaint nor any other part of the Federal Code of Civil Procedure since divorce is a state law matter
and not federal.
The proposed order to amend is entitled just as you have stated it and in the style of your other court documents and in the body of the order itself the following language(or similar versions) should be included in bold type: ADJUDGED,ORDERED, AND DECREED that the
complainant in the instant case be allowed to amend her complaint, etc.
You can double check with the clerk to ensure that the wording for your proposed order is appropriate.
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