What if my ex does not show up after being served?

[setmefree]

Dear Socrateaser,

We live in Virginia.  We have two daughters 21, and 13.  I have given my wife a Separation Agreement drafted by my attorney based on the laws of state of Virginia.  The Separation Agreement lists all the assets in detail and proposes a 50/50 split with CS and maintenance based on her and my incomes.  She has not signed the SA nor has she countered.  

Our one year separation is up on July 25, 2005.

I have instructed my attorney to proceed and file for divorce based on us having been separated for one year.  So, she will be served and notified to appear in court.

Question:
What would happen if she just does not show up in court on the required date?  

Would the judge just decide on property and child custody issues based on what I am proposing, or whichever way the judge decides?  

Would the judge reschedule and force her to show up?  

How does it all play out?  Many thanks in advance.

rs

[socrateaser]

>Question:
>What would happen if she just does not show up in court on the
>required date?  

Your divorce will be granted according to the terms of your separation agreement, unless there is something in that agreement that violates VA public policy.

>
>Would the judge just decide on property and child custody
>issues based on what I am proposing, or whichever way the
>judge decides?  

Probably. See above.

>
>Would the judge reschedule and force her to show up?  

Highly unlikely.

>
>How does it all play out?  Many thanks in advance.

You win by default, and you get a judgment in your favor. The court sends out a "notice of entry of judgment," from which your ex will have 30 days to file an appeal or motion to reconsider. After that, the judgment is confirmed as a matter of law and that's it.

However, the issues of custody and child support are always open to revision -- and in some cases, so is spousal support. But, as to property division, and the divorce itself, the judgment would be final.