Legal Question in Medical Leave in Virginia

Re: my divorce

Give your lawyer 30 days to take the actions necessary to put your divorce in a posture designed for finalization.

If such does not occur, accept no further excuses for delay and then fire this inept counsel and replace him or her with an attorney who is more action oriented with respect to completing your case.

Re: my divorce

Your lawyer should schedule ("docket") your case for a motions hearing by the judge.

It is not necessary for you to have the papers from your (ex) wife to get a divorce. People get divorces all the time without the agreement or cooperation of the other spouse.

It is possible to get a hostile divorce (not agreed to) or an agreed divorce by cooperation of both parties.

It sounds like your lawyer is waiting for an AGREED divorce from your ex-wife.

However, if your wife is in fact not cooperating (directly or through her lawyer), then it is no longer an agreed divorce.

So, your lawyer should set the case for a motion for a divorce WITHOUT waiting for the other side's agreement or cooperation. (More than likely the other side will show up will the paperwork in order, rather than explain to the judge why they don't have it.)

I don't think you should wait for your current lawyer to have another try. Any lawyer who would allow this to go for 3 years like this, I don't have confidence that he "gets it." I would find another attorney right now.

Re: my divorce

It appears that you have been patient enough. You might tell your lawyer to set a hearing asap or you will call the judge's office and set it yourself. That should move this along.