[VA] Fraudulent divorce by publication.

[ABfriend]

Jurisdiction

Virginia

My friend has been in Poland for several months since he non-legally separated with his wife and his wife knows his whereabouts, as they maintain ongoing contact through phone and Internet.

She filed for divorce, and she did not disclose that to him, and used service by publication for non-state residents.

Although she knew his current address in Poland, she falsely stated in affidavit required for granting the order of publication that the last known address of his is the address of their marital home which is located in Florida.

As a consequence he wasn't served with a divorce complaint and he is not familiarized with her claims. The court set the date for Tuesday, and he learned about it by accident couple of days ago.

He is not able not be in court or manage to prepare an answer (as he has not seen her complaint) or have it delivered before the court date.

Is there a ground for setting aside the default ruling?

 

[army judge]

You no longer can prevent a person from obtaining a divorce.

This is the 21st century.

He can discuss the matter with a lawyer should he ever return to VA.

 

[ABfriend]

Thank you for your answer.

The divorce is not an issue here, but the division of property.

 

[army judge]

Thank you for your answer.

The divorce is not an issue here, but the division of property.

That tends to be the one bone of contention.

The others being children and child support.

Needless to say, whatever his beef can't be addressed until he returns to VA in person to seek redress.

 

[ABfriend]

It is impossible to give an answer to the complaint, when claims are unknown. Could you recommend a solution for this situation?

 

[army judge]

It is impossible to give an answer to the complaint, when claims are unknown. Could you recommend a solution for this situation?

If the divorce has been filed, its public record.

He can probably review the complaint online.

A better solution is retain a licensed attorney in VA to file motions attacking the improper service he alleges.

An attorney can be retained before he returns to represent his interest until he returns.

If he does that now, he can likely prove his assertions.

Frankly, Poland isn't an isolated country.

He could get on a plane, return to the US, hire an attorney, and begin attacking and dismantling what has been done illegally.

 

[ABfriend]

Thank you.

Are you sure the complaint stating claims is publicly available in VA? I can only review basic information regarding different civil cases: the parties, their attorneys name and the set dates.

edit: I can see what pleadings where filed, but not their content.

 

[army judge]

Thank you.

Are you sure the complaint stating claims is publicly available in VA? I can only review basic information regarding different civil cases: the parties, their attorneys name and the set dates.

edit: I can see what pleadings where filed, but not their content.

I see you're posting from Poland.

Who are you in this matter?

Not much more you can do in Poland than can your "friend".


No, I was never sure.

I said "probably" available online.

Depending upon what state one is in, the information available online varies.

Which is why I said, probably.

However, read what it says on the website about how once can obtain copies of court filings and records.

For example, here is the link to Wythe County VA's court documents:

Online Services

 

[ABfriend]

I see you're posting from Poland.

Who are you in this matter?

Not much more you can do in Poland than can your "friend".


No, I was never sure.

I said "probably" available online.

Depending upon what state one is in, the information available online varies.

Which is why I said, probably.

However, read what it says on the website about how once can obtain copies of court filings and records.

For example, here is the link to Wythe County VA's court documents:

Online Services

I am a soon to be a graduate of the law faculty in Poland, that is why I am assisting him.

 

[army judge]

I am a soon to be a graduate of the law faculty in Poland, that is why I am assisting him.

In the USA, that would be a law student.

Let me help you, as a US licensed lawyer for decades, judge, prosecutor, and even adjunct faculty at a couple law schools.

Has "Pan Man" considered filing for divorce in Poland?

In fact, "Pan Man" hasn't been served, according to your accounts, he can simply start collecting his assets and securing them in Poland, Switzerland, or any other nation friendly to one's desire to protect his/her assets.

If the relationship is over, he doesn't need a piece of paper to end it.

In fact, he's better off by collecting and secreting his assets, before the courts get involved.

That said, if one wishes to protect his or her assets, marriage should never be a consideration, neither should parenthood.

Unlike the 17th century, all of that can be avoided in the 21st century.

 

[zddoodah]

What is the purpose of your entire original post linking to a Reddit thread?

The court set the date for Tuesday

"The date"? What date? In the context of any given case, there may be any number of court dates.

Is there a ground for setting aside the default ruling?

What default ruling? Has the court already entered your friend's default?

Could you recommend a solution for this situation?

Your friend should hire a divorce attorney.

You mentioned there are issues of property division. What are those issues? If your friend left the U.S. for Poland and left property behind, it doesn't seem likely that the property was all that important to him (unless it's land).

 

[ABfriend]

Thank you for your answer.

What is the purpose of your entire original post linking to a Reddit thread?

ooops, it's an mistake. Is there a way to edit posts?

"The date"? What date? In the context of any given case, there may be any number of court dates.

The date indicated in the order of publication in the newspaper.
"It is ordered that [the defendant] appear at the abovementioned court and protect his interest on or before September 5, 2017"

What default ruling? Has the court already entered your friend's default?

Not yet, but will, if no action is taken.

Your friend should hire a divorce attorney.

Yeah, probably he should.

You mentioned there are issues of property division. What are those issues? If your friend left the U.S. for Poland and left property behind, it doesn't seem likely that the property was all that important to him (unless it's land).

There is an apartment and some debts.

 

[army judge]

There is an apartment and some debts.

All the better for him, mate.

There is no way a US court, especially a state court, can touch him in Poland (or any of the other 120 odd sovereign nations on this planet) over debts owed in the US!

The landlord can't touch him, either.

People like to tinker with things, have their useless say, when it is far better to do nothing.

Legally, the less he did in this matter, the better it is for him.


Powiedz przyjacielowi, aby cieszył się życiem w Polsce i zapomniał o przeszłości.

Nie patrz na bak, byś nie przespał się w wielkie drzewo!

 

[ABfriend]

Dziękuję za poradę!
Unfortunately the assets are in the US, so it is him that wants to fight for the property.

 

[army judge]

Dziękuję za poradę!
Unfortunately the assets are in the US, so it is him that wants to fight for property.

An apartment is seen as a liability, as apartments (unless you meant a coop or a condo) denote use, rather than ownership of an asset.

Debts are liabilities, not assets.

What are the assets of which you speak?

I would advise him to do an analysis of the marital debts versus the marital assets, before he worries about assets overall.

I would submit that the assets, such as they were, have already been allocated to the other party.

More accurately, taken by the other party and secreted for her use. LOL

If the marital debts exceed the assets, there is nothing a wise person would pursue.

 

[ABfriend]

They own an... apartament - as not a house - but it is in her name, however, it was acquired during marriage as a marital home - which makes it a maritial property.

He is liable for a debt in his name, but it is actually a marital debt.

She probably wants to keep the apartment, and leave him with the debt.

 

[army judge]

They own an... apartament - as not a house - but it is in her name, however, it was acquired during marriage as a marital home - which makes it a martial property.

He is liable for a debt in his name, but it is actually a marital debt.

She probably wants to keep the apartment, and leave him with the debt.

How much equity in the home?

Depending upon how much is on the table, he can hire a lawyer in VA to pursue a settlement.

At a minimum, the lawyer can appear on his behalf on the 5th and seek a continuance.

However, it is now 2:00PM on Friday before a major holiday on Monday.

He could return, appear in person and request a continuance to hire an attorney.

As far as the debt, no US creditor can come after his assets in Poland.

 

[ABfriend]

The home is worth ca. $150k. It was purchased with loan - I guess around $80k. An own financial contribution was made of around $10k. It increased in value around $60k since it was purchased.

We are already talking to a few lawyers, however, they all want crazy money (I guess their fees are nothing unusual in the US).

 

[army judge]

The home is worth ca. $150k. It was purchased with loan - I guess around $80k. An own financial contribution was made of around $10k. It increased in value around $60k since it was purchased.

We are already talking to a few lawyers, however, they all want crazy money (I guess their fees are nothing unusual in the US).

Yes, everything is expensive in the USA.

Which is why I own a home in Belize for that day I no longer want to swim in shark infe$ted water$.

LOL

 

[Highwayman]

Which is why I own a home in Belize...

When are we all invited down for the big barbecue?