Full question:
If my spouse doesn't file an answer to my Bill of Complaint, is this considered a No fault divorce; what are my next steps to complete the divorce if she never replied a 'Answer' or 'Cross Bill'I want to get this completed as fast as possible.
- Category: Divorce
- Date:
- State: Virginia
Answer:
In Virginia, if your spouse does not file an answer to your Bill of Complaint, it does not automatically mean you have a no-fault divorce. According to Virginia law, you must prove the grounds for divorce, and a complaint cannot be defaulted or granted based solely on a lack of response (Code Sec. 20-99). To proceed, you should contact the local clerk of courts to check the status of your divorce complaint and obtain the local court rules, as these can vary by jurisdiction.
If your spouse cannot be served or is out of state, you may request service by publication. This involves running an ad in a local newspaper, as outlined in Code § 20-104. However, note that if your spouse is served this way, the court can only grant a divorce and not any other relief, such as alimony or property division.
According to Virginia Rule 3:19, if your spouse is in default, they waive their right to further notice of proceedings, and the court may grant a divorce based on the evidence presented. If you wish to proceed, consider consulting with a legal professional to ensure you follow all necessary steps correctly.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.