Legal Question in Family Law in Virginia

Bill of Complaint Filed and Halts Legal Process

I received a Bill of Complaint which required me to respond

within 21 days. A Defendant's Interrogatories and Request

for Production of Documents to the Complainant was sent

on my behalf within the 21 days in which the complainant

refuses to respond to. What are me options if any and what

should my next action be?


Asked on 12/28/04, 5:11 pm

1 Answer from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Bill of Complaint Filed and Halts Legal Process

1. "I received a Bill of Complaint which required me to respond within 21 days."

A Bill of Complaint requires an ANSWER to be filed to either agree or refute the allegations made in the BOC. Usually this has to be done within 21 days of service of the BOC, but a late ANSWER will be allowed, as divorces cannot happen by dafault.

2. "A Defendant's Interrogatories and Request for Production of Documents to the Complainant was sent on my behalf within the 21 days in which the complainant refuses to respond to."

I assume this means that you, as defendant, filed and had served on the Plaintiff the Interrogatories etc. I also assume this means that you filed an ANSWER already.

3. "What are my options if any and what should my next action be?"

You ask two questions: (1) what can be done about the plaintiff's refusal to answer your DISCOVERY within the proscribed 21 days and (2) what should my next action be"

(1) when DISCOVERY has been propounded the correct way and is not responded to, the person who sent the discovery files a MOTION TO COMPEL DISCOVERY and then sets a date with the judges's clerk to have that motion heard. When a date os assigned make sure yo usend out a NOTICE to the other party of the court hearing. If they don't have an attorney I suugest by certified mail so you can prove they received it. What usually happens is the Judge gives the wrong person a deadline and also awards you any fees you might have expended to bring the Motion (like if you had to pay a lawyer to appear).

(2) I'm not sure what you're asking about your next move unless it's in regard to the Motion to Compel Discovery. I explained that above. If you're asking how to proceed with a divorce action, I'm afraid that's too complicated for a short answer. You need to consult with an attorney if there are any issues which might be litigated.

In general, doing your own divorrce is a bad idea. You can't possibly consider all the things you have to think about to get it done the right way. Unfortunately one shot is all you get at most things so if you don't get it right the first time, in many cases, you don't get a second chance.

Good luck.

Read more
Answered on 12/29/04, 8:09 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Virginia