Bucci & Dix

Tardiness Not Tolerated In Divorce Cases

In Bennett v. Bennett, the Virginia Court of Appeals held that challenges to a divorce decree filed after 21 days had passed were unacceptable.

In June 2008, husband filed for divorce in Newport News Circuit Court.  Depositions were taken to establish relevant information in anticipation of the divorce, and the court granted husband's final decree of divorce shortly thereafter.  A week after the court issued the divorce, wife filed an answer.  Three weeks later wife argued that the initial divorce decree was in violation of court rules, and asked the circuit court to vacate the divorce decree.

The Virginia Court of Appeals held that, even if there was a violation of the rules of court, the circuit court no longer had jurisdiction to vacate the divorce decree.  Essentially, once three weeks pass, trial courts in Virginia are without power to modify or nullify their orders.

Because divorce and other orders are only subject to modification for a short period of time, it is essential to retain counsel that will be attentive to the deadlines in your case.  It is similarly important that your attorney be conversant with you regarding the disposition of your case in the trial court and your options for appealing the decision if desired.  This case also reiterates a little-known fact: that procedural rules of court can be as crippling to your case as the substantive law.