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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.
Disadvantages of Filing for Divorce First Financial Responsibility: As the petitioner, you might be responsible for the filing fees and other initial costs associated with the divorce. Reactive Response: Filing first might prompt your spouse to respond with legal action of their own.
You and your spouse may not agree on everything and have different perspectives on matters such as splitting assets, child custody, spousal support, etc. Mediation sometimes gets overlooked, but you may want to give it a try.
There is no filing of paperwork, no procedures to follow, basically, nothing needs to happen ?legally? to become separated in Virginia.
Some people simply don't want their marriage to end and are holding on to the possibility that their union can be saved if only they had a little more time. This is perhaps the least manipulative reason to delay divorce; some people just have difficulty letting go or truly believe that they can patch up the marriage.
If you are now having second thoughts, though, you have a limited window of time to take action to stop the divorce process. At any time before the court enters its divorce decree and adopts your settlement agreements, whoever filed the initial pleadings with the court can ask to have the divorce case dismissed.
The negative side of divorce Dealing with finances is a significant part of the family law aspect of divorce. Dividing assets often results in less financial security. Many people must adapt to a lower standard of living after a split. Divorce is a stressful process.
While filing for divorce first does not give you any inherent rights over your spouse, it does allow you more control over the situation from the beginning and could provide some strategic benefits.