Q: Husband filed for divorce in August 2018 . I tried to file and was told he had 3 yrs proceed
He has since moved out of state and has had no contact. How can I let the courts know that he has no intention of going through with the divorce proceedings? I want to start the process myself.
A: Many lawyers advise their clients to file an Answer and Counterclaim for the very reasons illustrated by your situation. A defendant spouse can file a motion for leave of court to file a late answer and counterclaim due to the failure to prosecute the case by the plaintiff. You would do much better in your situation with the assistance of an experienced Virginia divorce lawyer.
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