Divorce with Signed Property and Settlement Agreement

There is no ethical obligation for your spouse to cooperate with obtaining a divorce, even if they agreed to resolve all the issues in a property settlement agreement.  But you can get divorced without their cooperation.  You must have them served with the Complaint for Divorce, if you have not already.  They have 21 days from the date of service to file a written Answer with the court.  If they do not file an Answer within the deadline, then you can proceed to a final hearing without them.  To obtain a final hearing, you must submit a Request for Ore Tenus to the court, along with your proposed final order.  The law clerks will then review your paperwork and notify you of any problems or approve you to schedule a hearing.  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. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.