Legal Question in Family Law in Virginia
timeframe
If you are served with divorce papers on 6/28/05 and have 21 days to respond, does this include weekends and holidays?
2 Answers from Attorneys
Re: timeframe
Yes it does include weekends and holidays.
Re: timeframe
The real issue is what happens if you do not respond within 21 days, and the answer, for divorce cases, is very little. Having said that, it's always a good idea to respond within the time given, which does include weekends and holidays. But a Bill of Complaint for Divorce will not be taken as confessed if no answer is timely filed. Said another way, there is no default judgment in divorce cases. The party who files the Bill of Complaint still must prove their case, and the responding party will have the opportunity to defend. Not filing a responsive pleading could, however, narrow the issues by the non responding party having been deemed to waive relief not pled in a responsive pleading . . . such as support.
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