Legal Question in Family Law in Virginia

How can I stop the case?

My husband and I separated April of last year. At that time I hired an attorney and was more or less told the only option that I had to get anything accomplished (with respect to child support and custody) was to file for a divorce on grounds of abandonment. So I did. Now I am not in a financial position to continue to persue the case and have terminated the agreement with my lawyer. We currently have a pendete lite in effect and a trial date is set for October. We have been separated for the alloted amount of time and I now just want things finalized. Is there some way to do this without me having to spend some outrageous amount of money? I would just like to get things resolved but know that he is not going to agree to anything. He even sent me a PSA a few weeks back and I made a few changes in regards to wording on a few things it really did not change the bottom line on things and he rejected it. So I am now way past frustrated and don't know what to do. My kids are my #1 concern and they need some sort of closure on things. How can I make this happen? Or how can I stop the current order and just file for a no fault divorce just to get this over with??


Asked on 7/10/07, 10:56 am

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

Re: How can I stop the case?

It would appear that a better approach would've been to limit and base your grounds for divorce on no fault grounds

which in your case would appear to be 12 months(due to minor children) of continuous separation from your husband without cohabitation.

When the requisite time has passed you could refile(after withdrawing your orignial complaint) your papers for a no-fault divorce in April 2008 and proceed with the dissolution of your marriage on these grounds whether your husband cooperates or not.(Basing your divorce on grounds of abandonment was probably an invitation for him to contest it and may have consequently led to your current stalemate.)

Read more
Answered on 7/10/07, 7:29 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Virginia