Divorces are unpredictable. While no one goes into marriage expecting to get divorced, it can happen and may be the best solution for couples with unresolvable marital problems. But what happens when a couple who disagree about everything, can’t agree on divorce?
Principals Alan Plevy and Kyung (Kathryn) Dickerson, walk through what you need to know and what to do if your spouse has refused to sign the divorce papers.
What If My Spouse Has Disappeared?
When things are looking rough, sometimes people will run away – quite literally. This can be problematic in general, but especially with the divorce process. When submitting the Complaint for divorce, you need to provide your spouse’s address and you need to ensure that he or she is served as required by law with the Complaint and other documents.
If you don’t know where your spouse is, you may need to ask the court if you can give notice in a different way. These methods can include service by publication in a newspaper or service by posting in a courthouse.
How a Lack of Response Can Lead to a Divorce
There is a set timeframe between when your spouse is served with the Complaint for divorce and when they need to respond. If they fail to respond in the time allocated, you can move forward with the divorce. The exact process varies by state, but the general outline is as follows:
- You file a Motion with the proposed Divorce Order.
- The court sets a hearing date and sends a notice to your spouse.
- At the hearing, the judge reviews the pleadings filed with the court, occasionally asks questions, and issues a ruling.
The Divorce Order that is granted if you are unable to personally serve your spouse is often limited and does not necessarily terminate the other person’s rights to alimony or to subsequently seek a division of assets accrued during the marriage. However if you have not communicated with your spouse in years or if he or she has simply disappeared, you may have little choice in how you move forward with your life – and sever the marriage.
Contact a Virginia Family Law Attorney
It is always best to consult an attorney before making any of these decisions. Alan Plevy and Kyung (Kathryn) Dickerson are both experienced family law attorneys who are prepared to help you navigate this process.
Contact Alan Plevy at abplevy@smolenplevy.com and Kyung (Kathryn) Dickerson at kndickerson@smolenplevy.com.
About the Authors
Alan Plevy
Alan Plevy is a recognized force in family law, mediation and litigation, with more than 40 years as one of the most experienced divorce lawyers in Virginia. Mr. Plevy is known for being a tenacious litigator and negotiator who is zealously devoted to his clients. A top legal publication, Virginia Lawyer Weekly, noted Mr. Plevy’s impact on the law when it named two cases he litigated among its Top Five Landmark Family Law Cases in Virginia. Those two cases, which date back to the 1980s, are still regularly cited by attorneys and courts.
Kyung (Kathryn) Dickerson
Kyung (Kathryn) Dickerson is a principal at SmolenPlevy in Vienna, Virginia. She is a graduate of the University of Virginia and George Mason University School of Law, where she served on the Board of Editors for the Journal of International Legal Studies. Ms. Dickerson is also presently General Counsel for the Asian Pacific American Bar Association of Virginia and has served as President of the organization and on its Board of Directors. She has also served on the Board of Directors of the Virginia Women Attorneys Association and served as its President. She has served on numerous committees of the Fairfax Bar Association and as President of its Young Lawyers Section and as Co-Chair of the Revenue Development Committee.
