From the Circuit Court for Henrico County comes the divorce case of Grant v. Grant.
On November 29, 2021, the circuit court entered a final decree of divorce and granted husband a divorce on the grounds of living separate and apart for more than one year. The circuit court noted that although husband properly attempted to serve the complaint, wife failed to file an answer within the required period. The final decree included a handwritten notation including wife’s name and address and that she “objected to” the final decree. Above wife’s name appeared to be wife’s signature. The circuit court directed the clerk’s office to send attested copies of the divorce decree to husband’s counsel and wife. To follow, on December 3, 2021, wife asked the circuit court to reconsider the divorce decree, alleging that another person forged her signature on the document. By order entered December 7, 2021, the circuit court set a hearing on wife’s request for December 13, 2021 and directed the clerk to forward copies of that order to the parties. By order entered December 14, 2021, the circuit court dismissed the request because neither husband nor wife appeared at the hearing.
The wife appealed the dismissal on December 29, 2021.
Ultimately on appeal, the court affirmed the ruling of the circuit court. While the circuit court, after granting the divorce, permitted wife a hearing within 21 days after judgment to explore her allegations of fraud, she failed to appear at the hearing, and the court lost jurisdiction over the case without a hearing or ruling upon the issues raised.
If need assistance with your divorce, or if you have questions about appeals or attorneys fees, please feel free to call us at (434)293-4562 or email us at rob@robhagylaw.com. Or, you can visit us online at www.charlovilttesledivorceattorney.com.- Rob Hagy
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