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RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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I live in Virginia. I have a separation agreement. I have

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I live in Virginia. I have a separation agreement. I have waited over 12 months to get a divorce. I have a lawyer. My spouse has hired a lawyer to contest the divorce. He is taking me to court to request to have child support lowered. He also has a complaint in to request more visitation. I requested to get the divorce before all his complaints are anwered and was told because he has contested the divorce; I must answer all the complaints prior to getting a divorce. I understood the Virginia law to say I can get a divorce after we have been separated at least 12 months without cohabitation. Why do I have to answer his complaints prior to being granted a divorce?
Submitted: 8 years ago.
Category: Family Law
Expert:  RayAnswers replied 8 years ago.
Thanks for your question. You answer here and the court proceeds to resolve all at hearing here in this matter. The court will decide support, custody, visitation, and property here. the court may be wanting to rule on all of this at once.

Your lawyer will assist you with all of this. I think that you will be able to keep current support here and continue visitation as it is. He has the burden to show change and that it is in the best interests of the child. This can be very difficult to prove up and you may well prevail here. I wish you good luck and symapthy for the hassles here.

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Customer: replied 8 years ago.
My lawyer told me I have to have separte court dates for each of my spouses complaints. I asked to get the divorce first. Why do I have to have separate court dates?
Expert:  RayAnswers replied 8 years ago.
apparently your lawyer feels they are not able to be consolidated here. I am at a disadvantage not being able to see the pleadings and defer to him on that issue. But all of these will eventually have to get resolved. You could ask him about a bifurcated divorce. This gets the divorce granted and the other issues resolved later.

I agree that your ex here is just trying to drag it out but eventually I think you keep the support the same. And visitation depends on what he is asking for here in terms of change. But is it is working as is here he has the burden to show why he needs more and you can oppose. Please don't let all of this frustrate you. It will all get heard and resolved. I do wish you good luck here..

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