What happens if one spouse doesn t want a divorce in Virginia?

Litigated divorces happen when cases are contested. They can be fault based or no fault based. If one spouse doesn't want the divorce, you'll probably have to start with litigation.

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Answer or Response to Petition or Complaint for Dissolution of...

Virginia Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce

Category:

Family Law - Divorce - Dissolution of Marriage

State:

Multi-State

Control #:

US-02179BG

Format:

Instant download

Description

In the answer to a civil lawsuit, the respondent/defendant tells his side of the story. He is supposed to admit facts that are true and deny allegations that are not true. This answer must be filed within 30 days in some state courts. Failure to file an answer can result in a default judgment against the respondent/defendant. A default judgment is a judgment for failure to defend that is entered against the respondent/defendant just like there had been a trial.

This form is a generic example of an answer that may be referred to when preparing such a pleading for your particular state.

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How to fill out Answer Or Response To Petition Or Complaint For Dissolution Of Marriage Or Divorce?

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FAQ

Simply put, the complaint is a document filed with the court that contains information about you, your spouse, the marriage, and why you are getting divorced. In Virginia, the appropriate time to file the complaint will depend on the type of divorce you are seeking.

Litigated divorces happen when cases are contested. They can be fault based or no fault based. If one spouse doesn't want the divorce, you'll probably have to start with litigation.

One of the reasons a spouse may refuse to sign Virginia divorce papers is if they no longer agree to the terms of the divorce or never did. If a spouse refuses to sign, the divorce can be considered contested and may take significantly longer to process.

You do not have to file a response, but in some instances you must file a response in order to preserve your rights. If you choose to file an Answer, or an Answer and Cross-Bill, you must mail the original to the Clerk of the Court and a copy to the plaintiff's attorney. You should keep a copy for your records.

Two Types of Divorce in Virginia Whether it is a fault or no-fault divorce, you do not need your spouse's signature or verbal agreement to file. Once you file the complaint and the divorce is opened with the court, your spouse will be served with the complaint and will have 21 days to respond.

Fault-Based Divorce in Virginia That their partner had committed adultery, That their partner was cruel (and created fear of harm), That their partner deserted or abandoned them or their family, or. That their partner had a felony conviction resulting in a year or more of prison time.

Signing a Voluntary Dismissal Form in Virginia Depending on the stage of the divorce, you may be able to file a voluntary dismissal of the divorce. This will allow the court to dismiss your divorce case ? but it often comes with a filing feel.

In Virginia, you have 21 days from the date you were served with the divorce papers to file an Answer to the Complaint. You will need to respond to all of the allegations in the Complaint when filing your response. It is crucial that you file your answer with the court within this 21-day deadline.

Virginia Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce

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Virginia Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce

Description

Related forms

Viewed forms

How to fill out Answer Or Response To Petition Or Complaint For Dissolution Of Marriage Or Divorce?

Form popularity

FAQ

What is a bill of complaint for divorce in Virginia?

What happens if one spouse doesn t want a divorce in Virginia?

Can you refuse a divorce in Virginia?

How do I respond to a divorce summons in Virginia?

Do both parties have to agree to a divorce in Virginia?

What are fault grounds for divorce in Virginia?

How do you withdraw a divorce petition in Virginia?

What happens when you get served divorce papers in Virginia?

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