Question about divorce. Anyone with Divorce law experience, please answer.?

Question

Ok here's the deal. I think my mom made up a line of BS. She told her boyfriend that she can't marry him because she is already married.

She goes on to explain that they were married for a while but the relationship fell apart and he moved out. They didn't move to divorce right away because neither one had much money. Later he meets another woman and decides he wants to marry her but cannot find my mom to sign the divorce papers.

Now this is where I believe the lie begins. She said he got something called a one-way divorce, which in her way of explaining it means that since she didn't sign the papers the judge granted him a divorce but she is not legally divorced because she wasn't there for the proceedings.

Is that really true? Can that really happen? I ask because I thought a divorce was a complete dissolution of the whole marriage, not just half. Can someone explain this? Please?

By the way, this marriage occurred in the state of Virginia, if that is necessary.

Answer 1

there is no "one-way" divorce.  think about it...why would divorce be granted for one party, but not the other?  that's a load of malarkey.  dissolution of marriage is binding for both parties, not just one.

Answer 2

No, there are no one sided divorce. They are still married, just living apart.

Answer 3

No.  It is not true.  If the man filed for divorce, with or without her involvement or signatures or anything, the judge will ultimately rule in his favor.  Over time, the divorce is granted, which dissolves the marriage, FOR BOTH PARTIES.  

There is no such thing as a one-way divorce.  

Answer 4

well, when i was getting divorced last year, i did what was called a "do it yourself" divorce, which is where both parties agree and sign on everything, no lawyers are necessary and thats it.. when i filed, i asked, what would happen if i cant find him, or, if he gets served and doesnt show the date of the hearing? they told me that the divorce will proceed without him... but, that i should call him and let him know when the hearing is, so i can testify that he knew because i told him, or that i at least tried to contact him to let him know.... you cannot be trapped in a marriage.. even if you are living together, and one of you doesnt want to get divorced, it doesnt matter - they will grant you freedom... so, i think you're mom might be mistaken.. she may not have lied, purposefully, she may just misunderstand