Legal Question in Family Law in Virginia

Reopening a Final Divorce Decree

My ex wife and I were married in July of 2003. My ex wife abandoned the relationship in Dec 2004 and have no children. In 2007 I was unable to locate her and decided to pursue a divorce by publication. The divorce was finalized in Dec 2007. Last week, I received notice that a bill of complaint for divorce was filed by my ex wife. In it she requests support and equal division of property. My first question is can the court reopen a divorce and address support property settlement. Secondly, given that she didn't challenge the final decree of divorce, what are the chances of overturning the divorce. Finally, it has been over 4 years since the seperation, will she able to obtain support or alimony given that she has supported herself during the period.


Asked on 2/11/09, 4:08 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Reopening a Final Divorce Decree

If your former wife was notified of your divorce by way of publication in a local newspaper, then there was no adjudication by the court of issues involving property or support and the divorce could be reopened for those issues to now be taken up by the court. (It is unlikely, however, that the court would find a valid basis for overturning the granting of the divorce itself.)

And, whether the court would find a valid basis to award alimony to the petitioner would depend upon its evaluation of a variety of factors relevant to this issue as referenced in Va. Code Sec. 20-108.1(A).

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Answered on 2/11/09, 4:41 pm


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