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C

cherries5150

Guest
State = WA

I really hope someone out there can answer this question for me.

1. My husband had divorce papers served on me. At the time, I was in shock as we were about to make a cross-country move and I had been ill. I didn't even want to touch those papers at the time. I told him I wasn't signing anything at the moment. He agreed we could have a trial period to work things out. However, later looking at the documents, it said that unless I served him (and the court) back with papers within 21 days (or somewhere around that many), the divorce could become final in 90 days. Now it's past that and I am getting worried as I REALLY need the healthcare benefits I get right now. If I could somehow extend the date beyond the 90 days (possibly to the "court date" they set for us?), it would really help me out with my health.

Bottom line: I have not filed anything and the address on the court documents is my old address in WA. Is there anything I can still do to avoid having this be final right when the 90 days are up???????????????

3. Lastly, on the chance that my husband decides not to go through with the divorce (at least not right now), how does that happen? Does he just not go back to WA and have a court date? If he doesn't do anything, does anything happen?

4. Would he have to then again refile on me after a certain time had passed and he didn't do anything on the original papers?

Please help! Thanks so much, I know I had a lot of questions. I really appreciate any help.
 


SRREED

Junior Member
My advise from my own experience

I went through the same thing as you in Virginia. First what day were you served the papers? How long has it been? In Virginia the spouses can file a form asking for a default judgement against you if you don't reply by the 21 days. I can tell you what I did:

1: Went on the internet and searched for Virginia civil court and what county I lived in. To find out what I should do. I called the Clerk of Courts to find out what I should do.

2: I filed a "ancwer to the bill of complaint" that I received following the exact format of the papers I got from his lawyer but I had to state that...
I agreed with question 1,2,3,4, ect and disagreed with question 7,8,10 12 ect.

3: I filed a "Cross Bill of Complaint" following once again the format that his lawyer used except in this I put my own complaints.

4: I wrote a letter to the judge asking for his protection and consideration in this matter due to the curcumstances.

5: I got a court date with the Judge and my spouse and his lawyer.

6: My spouse got hit hard becuase the judge did not feel that I was given fair opportunity to prepare.

I went as my own lawyer becuase my spouse had not provided support in 3 months and I hade no money to pay for one.

If you have children go to your county court house and file a Petition for Support in the Juvinile Court which here they file out through an intake officer.

My best advise is get as much knowledge as you can from all sources that you can fine. If you can get a lawyer ASAP. If you can't you have to do it yourself. Not to hard just time consuming. search the internet for WV divorce laws for what ever issues that you have ie child support, spousal support, and any other issues that contributed to him leaving.

GOOD LUCK
 

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