Williamsburg, VA asked in Family Law and Divorce for Virginia

Q: FDivorce/family law in VA. Can motions to stay ,reconsider and an appeal be filed for at same time?dead line to file?

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1 Lawyer Answer
Michael Christopher Miller
Michael Christopher Miller
  • Vienna, VA
  • Licensed in Virginia

A: Yes, file all 3.

Orders become final after 21 days, i.e., the judge cannot modify them even if the judge wanted to. So, the motion to stay the finality of the order suspends the 21 day clock to allow more time to rule on the motion to reconsider.

Notice of appeals from circuit court to the court of appeals must be filed within 30 days. This runs concurrent with the 21 day clock.

If the motion for reconsideration is resolved within 21 days, one could wait until the outcome is known and still have a week or so to file the appeal.

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