If you are going to file for divorce in Virginia, you will typically file the paperwork and then serve the divorce petition to your spouse. In Virginia, this is known as a Complaint for Divorce. Once your spouse receives it, they can review the paperwork and then have a chance to respond to that documentation.
Every state sets its own rules for how quickly a person must respond. In Virginia, they are typically given 21 days. The divorce cannot proceed until they have been served the paperwork and given this chance to go over everything on their own. Once they respond, the court can start taking the next steps, such as asking for financial disclosures, setting up court hearings and more.
What if they do not respond?
One issue that sometimes comes up is when a person does not respond. They may be combative or intentionally ignore the divorce papers in hopes that their spouse will simply stop pursuing a divorce. They may be difficult or impossible to locate – for example, if they have abandoned their family and their spouse wants to file for divorce but does not know where they are.
If they do not respond for whatever reason, the court can still issue a divorce decree. This is known as a default divorce. If you are in this position, you still have to wait for the full 21 days to give your spouse their allotted time to file a response. You can then move forward with the divorce on your own if they fail to do so.
Naturally, this can complicate the divorce process in many ways, so it is wise to know your legal rights and options. Having sound legal guidance can help navigate this stressful experience.
