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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My spouse filed divorce in 2010 in receive an order lite

Customer Question

My spouse filed divorce in 2010 in Virginia receive an order for pendente lite relif alimony. I never answered the petition. It's now 2015 and I want the divorce finalized and motion to stop pendente lite relief. How do I proceed?
Submitted: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years ago.

Thank you for your question. Please permit me to assist you with your concerns.

On what grounds are you seeking to stop the alimony? How long have you been married? What contact, if any, do you have with your spouse at this time?

Customer: replied 2 years ago.
We have been seperated for 5 years. I left her in 8/2010 she file divorce 10/2010. She claim it was on grounds of adultery and claims grounds of desertion. We lived in the same house for a year before I left in different bedrooms not able to mend our marriage. Im currently residing in Illinois and want my divorce final and feel I no longer need to support her after 5 years. Im not financially able. I have an order Pendente lite from her attorney. I have not file anything in this case since it was 1st filed. What are my options to move forward?
Expert:  Dimitry K., Esq. replied 2 years ago.


The best option is to contact the courthouse where the initial filing took place and see if you can file a petition for divorce yourself. Most states permit you to file for a hearing seeking divorce after a set period of time has passed, and if the other party is refusing to move forward, you can choose to move forward yourself. As far as Pendente Lite, that won't go away until either you can show that the other spouse is more financially stable than you are (meaning she is not entitled to help) or you obtain a formal dissolution (divorce finalizes). Otherwise this order will remain against you and it is likely the reason why she hasn't pushed to finish the divorce--you haven't been married long enough where she would be entitled to long-term alimony once divorced.


Dimitry, Esq.