More details to this question:
My spouse filed for divorce Apr last year. I was served in July and filed an answer agreeing to all the terms set forth in the petition and joined in the plaintiff's plea to be granted divorce. Since then nothing been done and the case remarks now says notice to take affidavits. As the respondent can finish this case?
1 ANSWER
1 Award
In order for you to complete the divorce, you have to have requested relief from the court in a pleading. Ordinarily for the Defendant, this would be done in a Counterclaim. If you just filed an Answer or signed a Waiver, you probably did not file a Counterclaim, and therefore cannot ask the court for a divorce. Only the Plaintiff can do that.
So your options now are to file a Counterclaim at this point and move forward on that or to persuade your spouse to get it done.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
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Answered on Feb 24th, 2015 at 8:49 AM