Divorce without other parties participation --In Virginia

[Wheaty]

My girlfriend has been separated for a year. Her husband has been sent papers, said he would sign them, but won't get off his lazy butt and do it. Even then he probably won't do the depositions either. Is there anyway to force the divorce, even though he won't sign anything, without a lawyer? Reason being...neither one of us has the $2500 to put towards this mess. She's got a restraining order against him, they've been living separately since Jan.10,2000. Is there a cheaper way for her to get divorced without his participation?

 

[I AM ALWAYS LIABLE]

My response:

You were vague as to what papers were sent. However, if they were the original Petition for divorce, and he fails to respond to them, then all she needs to do is file the Proof of Service, and file for, and take his "Default".

IAAL

 

[Wheaty]

Sorry. Separation Agreement was sent to show that the divorce was not contested. She has been told by her lawyer that without the signed PSA it would be considered (to him) a contested divorce, which increases his fee to $2500 approximately due to court costs. Her lawyer said that he has to file a Bill of Complaint(?), then do the depositions and the divorce decree. I'm assuming that the Bill of Complaint is the Petition that you were refering to? Also, is there a length of time that you have to wait?

Thanks for the help.

 

[I AM ALWAYS LIABLE]

Sorry. Separation Agreement was sent to show that the divorce was not contested. She has been told by her lawyer that without the signed PSA it would be considered (to him) a contested divorce, which increases his fee to $2500 approximately due to court costs. Her lawyer said that he has to file a Bill of Complaint(?), then do the depositions and the divorce decree. I'm assuming that the Bill of Complaint is the Petition that you were refering to? Also, is there a length of time that you have to wait?

Thanks for the help.

My response:

So, you pretty much answered your own, original, question.

If her husband won't voluntarily cooperate, then the attorney is correct. You know, there's the "easy way" and then there's the "hard way" - - and, we all know the "hard way" costs more money.

Every State has a different name for the beginning papers; some call it a Petition, others call it a Bill of Complaint. It's all the same crap.

Just have her do as the attorney tells her to do. Unfortunately, there's no way around having to pay, especially when someone doesn't want to cooperate. Just wait, at some point down the line, and it may be 2 years down the line, he'll want or need something - - it always happens. You and she know how to slam a phone down, don't you ? What goes around, comes around.

IAAL