Sunday, May 4, 2014

VIRGINIA Part 3

After you file your papers, your spouse has 21 days (if your spouse lives in Virginia), 60 days (if your spouse lives outside of Virginia, but in the United States), or 90 days (if your spouse lives outside the United States) to respond to your request for divorce (known as a Complaint. If your spouse fails to respond, the court will proceed with the divorce so long as service of process has been completed correctly. Whether or not your spouse responds, you and your corroborative witness will have to appear before the court (in almost all cases the hearing will be before a master) in a hearing scheduled by the clerk. After your corroborative witness testifies and you have presented other evidence, and if your spouse answers or shows up, then your spouse will also have a chance to do the same. At the end of the hearing, the court (in most cases it will be a master who makes a recommendation to the court) will decide at some later time (normally 30 days) to grant a divorce and a settlement of marital issues.

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