I've heard that in the state of Virginia judges do not typically grant summary judgements in divorce cases. My question centers around asking for a summary judgement purtain to an allegation my spouse is making to contest our marital separation agreement. Are they instances where you can ask for a summary judgement pertain to specific issue/allegation or will judges just not entertain any motion for a summary judgement pertaining to any aspect of a divorce. The discovery process is complete, and now the facts are now not in dispute. My spouse has produced documents that refutes their allegation. Can this issue be decided via Summary Judgement so we won't have to deal with it at trial. They seem intent on going to trial dispute the odds against them. I just don't want to waste money.
Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.
A motion to dismiss may stop a divorce if one or both parties changes their mind, though dismissal can require a joint agreement to do so.
by attorney Peter Morris