Q: Divorce finalized in 1997 with the details to be determined at a later date. Can my spouse ask for property now in 2020?
Filed for divorce in Chesapeake in '96. In '97, I was stationed overseas, and flew back for the divorce hearing. My spouse did not respond to anything about the hearing, but had a lawyer call in to ask for a continuance. Judge did not grant delay since I was able to make it and was active duty. Divorce was granted with terms to be determined at a later date. That was the last court action. I just assumed $10,000 of debt that my spouse accrued while I was deployed in 1994. We had split property at the time of separation in 94. Child custody was a verbal arrangement. Child support was calculated by the Virginia child support office. My ex never requested spousal support or a portion of my retirement. With the children grown and another divorce, my ex is broke and is now asking for the court to distribute propery, including my retirement pay. Together 11 of 23 years active duty. Got notice from Chesapeake court of intent to open the case. Can they? Don't live there - jurisdiction over me?
A: It depends upon what the final order of divorce says. It is possible, but highly unlikely that the court ordered the marriage be terminated but then ordered that matters of equitable distribution, support, etc. are left open indefinitely.
Va. Code 20-107.3 provides for divorce and property division to occur separately, but that rare and for good cause shown.
A court always has jurisdiction to enforce its orders.
Your ex can file to reopen the case, but where it goes from there cannot be determined from your posting.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.