Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

I want to dismiss divorce because child support cannot be…

Customer Question
Hello. I want to...

Hello. I want to dismiss divorce because child support cannot be agreed upon and I would like court to determine and establish child support before finalizing divorce. Am i only required to file the praecipe for dismissal with that as the reason?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Virginia

Lawyer's Assistant: Have you talked to a lawyer yet?

I talked to a lawyer about divorce, after i filed my own paper work. some of the paper work is incomplete/incorrect and that I should have ensured child support and visitation first.

Submitted: 9 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 minutes by:
9/1/2017
Family Lawyer: RayAnswers, Lawyer replied 9 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 47,705
Experience: 30 years as a family law lawyer .
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Ask Your Own Family Law Question
Family Lawyer: RayAnswers, Lawyer replied 9 months ago

Here you serve the spouse if you have not done that.You then are able to set it for trial 30 days after you served them.If you already served the spouse then you can proceed to set this for trial and court will address all the issues that remain.

Each county has particular rules about how to fill out divorce forms, so check your county court's website for specifics. Generally, it's best to type your forms and print them out on front side only on white paper, size 8 1/2 inch by 11 inch.

The forms you must file to start the divorce are:

All of the forms will have blanks for “plaintiff” and “defendant.” The person asking the court for a divorce is the “plaintiff,” and the responding spouse is called the “defendant.” Some of the forms must be signed while you and/or your spouse are in front of a Notary Public. Do not sign the forms that require notarization until the person(s) required to sign are in front of a Notary Public.

After completing all the forms, make at least two copies of everything. The court will keep one, you will want one for your records, and you will need a copy for your spouse.

You must deliver copies of your divorce papers to your spouse. This delivery is called “service of process.” You may serve the papers by:

Final Divorce Hearing

After you have served your spouse with copies of the divorce papers, you are ready to file a Request for Ore Tenus Hearing. An ore tenus hearing is a oral hearing in front of a judge. You will get may get a Ore Tenus Request form and a Final Decree of Divorce form from the Virginia Poverty Law Center. You will submit these forms to the clerk of court, along with proof of service and your completed VS-4 Form. You must also submit a copy of a separation agreement if you and your spouse signed one.

On the date of your hearing, you must bring copies of all your documents with you to court. You must also bring one corroborating witness with you. This person must have direct personal knowledge of your marriage and circumstances related to your separation. If all legal requirements are met, the judge will grant your divorce at the ore tenus hearing and sign the final divorce decree.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 47,705
47,705 Satisfied Customers
Experience: 30 years as a family law lawyer .

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I had a family law question. I have been divorced for three
Hi I had a family law question. I have been divorced for three years now. I have three daughters with my ex husband. He needs to have supervised visits with girls which was placed by CPS … read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,496 satisfied customers
My child support states" Child support shall be payable foe
My child support states " Child support shall be payable foe each child until that child dies, marries, enlist in the armed forces, otherwise becom emancipated, or reaches age eighteen or graduates hi… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
496 satisfied customers
We're separated four years. Now she wants child support.
We're separated four years. Now she wants child support. We've been sharing custody 50%-50%. She's 46, Wellesley grad, year at Oxford. I'm an MFT, 71. Her income is from eBay. Four years ago she was m… read more
Jessica B
Jessica B
Juris Doctor
1,307 satisfied customers
What is the difference between divorce and legal separation?
what is the difference between divorce and legal separation? are assets divided in legal separation? what about parenting?… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,828 satisfied customers
Seeking a meaning to ordered child support in a divorce
seeking a meaning to ordered child support in a divorce decree. Child is 18, graduated from high school, and not enrolled in any college. … read more
Sue
Sue
Juris Doctorate
525 satisfied customers
If a couple divorces does the child support payer have to
If a couple divorces does the child support payer have to pay back child support for the time separated until the time the divorce is final.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was divorced in 1988. I was receiving “child support”
I was divorced in 1988. I was receiving “child support” until my son reached age of 18. A friend of mine recently shared that I should check with Texas courts/law to find out if I was suppose to “clos… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,097 satisfied customers
I would like to get a divorce form my spouse. Of course, he
I would like to get a divorce form my spouse. Of course, he does not want this. I am in the middle of house buying though and am not sharing financial responsibility with my spouse on the home (Down p… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,220 satisfied customers
If there is a separation and then get a divorce 1 or 2 years
If there is a separation and then get a divorce 1 or 2 years later.. how the separation will be affect with the alimony and child support?… read more
Sue
Sue
Juris Doctorate
525 satisfied customers
If you are separating in a marriage can you get out of a
If you are separating in a marriage can you get out of a lease … read more
RayAnswers
RayAnswers
Lawyer
47,705 satisfied customers
Child Support modification assistance. The divorce was in
The divorce was in Florida, but My ex-wife and son moved to AZ, and I now live in WV. I am unemployed, but retired from the military. The Child support was based on my income when I was employed and hasn't been adjusted. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
In my divorce papers it says that child support is supposed
In my divorce papers it says that child support is supposed to stop when the child turns 18 but if she goes to college does it still have to be paid?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can a divorce stipulate that no child support is to be
Can a divorce stipulate that no child support is to be ordered, parents are agreeing on having children 50/50 meaning 1 week with mom 1 week with Dad. Parents have decided that no one will pay child s… read more
Sean K
Sean K
Attorney/Member
JD
776 satisfied customers
I have a child support and visitation order that outlined my
I have a child support and visitation order that outlined my ex and I need to live with 5 miles to make it workable - if she moves 15 miles away and now wants to transfer my son to a school in the sam… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
On California divorce form FL-120, do I list my dog as
On California divorce form FL-120, do I list my dog as separate property or community property? We bought the dog before marriage in 2013, married in 2014, and on separation in 2016 agreed I would kee… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,869 satisfied customers
My son was divorced in Tennessee. Child support was setup.
My son was divorced in Tennessee. Child support was setup. He now lives in Michigan and his exwife and daughter live in Texas. He has taken a job that doesn't pay as well as his Tennessee job. Can a M… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,220 satisfied customers
I already have a judgement for child support and visitation
I already have a judgement for child support and visitation and custody of my child, but they didn't do my divorce in the child support. Can I file for a divorce without bringing previous orders invol… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,220 satisfied customers
Looking for some family law child support counsel.
Hello. Looking for some family law child support counsel … read more
RayAnswers
RayAnswers
Lawyer
47,705 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x