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  #1  
Old 09-09-2007, 01:04 PM
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question about dismissal

Va.
My ex and I had a separation of agreetment for over a year in Va, but recently I applyed for a divorce dismissal. the court sent me my copy back with no judge signature, it only had a stamp saying: FILED on Sept. 4 at 4:30pm.
Does this mean that the divorce dismissal is done even though there is no judge signature and just a stamp saying filed?
  #2  
Old 09-09-2007, 01:25 PM
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Quote:
Originally Posted by edma View Post
Va.
My ex and I had a separation of agreetment for over a year in Va, but recently I applyed for a divorce dismissal. the court sent me my copy back with no judge signature, it only had a stamp saying: FILED on Sept. 4 at 4:30pm.
Does this mean that the divorce dismissal is done even though there is no judge signature and just a stamp saying filed?
No, that means it has just been filed.
  #3  
Old 09-09-2007, 01:31 PM
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va.
So what will happen next? why do you think the judge didn't sign?
  #4  
Old 09-09-2007, 02:15 PM
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Quote:
Originally Posted by edma View Post
va.
So what will happen next? why do you think the judge didn't sign?
I don't think that the judge "didn't sign". I don't think that it has gotten to the judge yet. Its normal for you to receive a copy of the officially "filed" document.
  #5  
Old 09-09-2007, 02:19 PM
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VA.
do you know how much longer would it take? I only sent one self-stamped envolope and one copy-the very one that I got back on sat. Are they going to send another copy?
  #6  
Old 09-09-2007, 02:22 PM
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Quote:
Originally Posted by edma View Post
VA.
do you know how much longer would it take? I only sent one self-stamped envolope and one copy-the very one that I got back on sat. Are they going to send another copy?
I would recommend that you talk to the court clerk. Time frames can vary dramatically from county to county, and its even possible that your judge will require a hearing to take place.
  #7  
Old 09-09-2007, 02:28 PM
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what will be the reasons why a judge will request a hearing?
My ex and I no longer live in Va. Do you think the judge will consider this?
  #8  
Old 09-09-2007, 08:36 PM
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Originally Posted by LdiJ View Post
No, that means it has just been filed.
Usually orders are not FILED unless the judge has signed them. So my question for OP is this is a court order or just the motion?
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  #9  
Old 09-09-2007, 08:46 PM
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Originally Posted by Ohiogal View Post
Usually orders are not FILED unless the judge has signed them. So my question for OP is this is a court order or just the motion?
I am pretty sure that she means the "motion"....if it was the order, it would have the judge's signature.
  #10  
Old 09-10-2007, 11:49 AM
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I sent an order of dismissal, but only got the stamp.
also do you know if I have to show up if I no longer live in Va?
what will be reasons for a hearing?
  #11  
Old 09-10-2007, 12:46 PM
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Quote:
Originally Posted by edma View Post
I sent an order of dismissal, but only got the stamp.
also do you know if I have to show up if I no longer live in Va?
what will be reasons for a hearing?
If there is a hearing you need to attend. If not you lose.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #12  
Old 09-10-2007, 12:47 PM
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Quote:
Originally Posted by LdiJ View Post
I am pretty sure that she means the "motion"....if it was the order, it would have the judge's signature.
Many times though a judge only signs one copy so if you have five copies to file, the original has the judge's sig but the others may not.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #13  
Old 09-10-2007, 12:50 PM
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Quote:
Originally Posted by edma View Post
I sent an order of dismissal, but only got the stamp.
If it's an order, the judge signs it. But for there to be an order, there has to be a motion (from some party or the Court) and/or a hearing first.

You filed a motion, not an order.

Judges (or other authorities, as statute, rules of procedure, and circumstance may dictate) file orders and motions, parties file motions.

Depending on what local rules of procedure state, one party or the other may draft the order for review by the other party, which is then signed by the judge, but that isn't filed until the judge signs it.




Quote:
also do you know if I have to show up if I no longer live in Va?
If you filed the motion in the court, it is advised to have representation in court, either in person or through counsel.

Quote:
what will be reasons for a hearing?
Anything from required by rules of procedure to the judge wants to see a hearing. As you have been advised upthread, it would be a good idea to talk with the court clerk. Even better would be your attorney.
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  #14  
Old 09-10-2007, 12:54 PM
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Quote:
Originally Posted by Ohiogal View Post
Many times though a judge only signs one copy so if you have five copies to file, the original has the judge's sig but the others may not.
This may be different in VA, but even on the copies of court orders I've gotten, there is still something indicating that the judge signed the original (even if it's just a stamp stating "Original Signed by John Doe Judge")
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