Legal Question in Family Law in Virginia

I would like to see if you can help me on this matter. I was to go to a deposition and I over sleep and I got there late. When I was there my son and her mother was there with two other people that I never seen in my house to say anything about this marriage. I was told that I will be getting a copy of this and that I is not going to a hearing. and it will be a non-fault divorce. I know that I sign in front of judge that we have not been living together since December. I was out of the house in April of this year and I would like to see what I can do about this matter and do I have to have people surpiea for this matter.

Asked on 12/18/13, 8:44 am

1 Answer from Attorneys

Sean Hanover Hanover Law

Sounds like there was a lot going on. You definitely do not want to miss your depositions or court dates. That can lead to show cause orders and bench warrants. Avoid those.

As to getting help with your divorce -- that sounds prudent. A no fault divorce is just that -- neither side is found to have done actions that would constitute a "fault" ground for divorce (typically, adultery, desertion, etc.). There is a requirement that you live separate and apart for 6 months (no rug--rats) or 1 year (if you have offspring).

Generally, you want to settle on a PSA (property settlement agreement) prior to going to your final divorce hearing, or the judge will continue the matter until either (a) you do have a PSA or (b) a trial to clarify who get's what is had.

I suggest you contact us to schedule a consultation. This is not free -- but it is a one time cost that will explain everything to you in depth, and provide you the guidance you need to complete the rest of this on your own. Conversely, if it turns out that the matter is complex, you can retain us and we can represent you through the entire process.

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Answered on 1/10/14, 3:48 pm

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