Richmond, VA asked in Divorce for Virginia

Q: divorce that was filed before covid19 scheduled for april . It was an adultry . can it be changed to uncontested?

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2 Lawyer Answers
Michael Christopher Miller
Michael Christopher Miller
Answered
  • Vienna, VA
  • Licensed in Virginia

A: Yes.

Va. Code § 20-121.02. Decree of divorce without amended bill or amended cross-bill.

In any divorce suit wherein a bill of complaint or cross-bill prays for a divorce from the bonds of matrimony under § 20-91 or prays for a divorce from bed and board under § 20-95, at such time as there exists in either party's favor grounds for a divorce from the bonds of matrimony under § 20-91 A (9), either party may move the court wherein such divorce suit is pending for a divorce from the bonds of matrimony on the grounds set out in § 20-91 A (9) without amending the bill of complaint or cross-bill.

James H. Wilson Jr. agrees with this answer

James H. Wilson Jr.
James H. Wilson Jr.
PREMIUM
Answered
  • Glen Allen, VA
  • Licensed in Virginia

A: Either party in a Virginia divorce may file a motion to amend the grounds of divorce from a fault-based divorce or from a divorce from bed and board to a no fault divorce from the bond of matrimony when the grounds for such a divorce exist, without first obtaining leave of court to file an amended complaint.

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