Charlottesville Divorce Lawyer Rob Hagy-Divorce Did You Know Number 10-What Can I Do If Someone Files A Frivolous Case Against Me?

According to Virginia Code Section 8.01-271.1, every pleading, written motion, and other paper that is filed must be signed by an attorney or by a party, if the party is proceeding without an attorney.  The signature constitutes a certificate that (i) the attorney or the party has read the pleading, motion, or other paper, (ii) that to the best of his or her knowledge, information and belief, formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and (iii) that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. 

If a pleading, motion, or other paper is signed or made in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed the paper or made the motion, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper or making of the motion, including a reasonable attorney’s fee. 

-Rob Hagy, Charlottesville Divorce Lawyer.  If a frivolous divorce, support, custody or visitation case has been filed against you, please contact me at (434)293-4562 or email me at rob@robhagylaw.com.