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Category: Family Law
Satisfied Customers: 29127
Experience:  29 years as a family law lawyer .
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I hired an Attorney who wrote up a petition for divorce (no

Resolved Question:

I hired an Attorney who wrote up a petition for divorce (no fault divorce) in Covington, Virginia. The petition was served to defendant over 2 months ago. Defendant did not file a response, therefore, we should be under default judgment. Since my Attorney had a petition for divorce served on defendant, I have not been able to get in touch with the Attorney. (Multiple phone calls, letters, messages ... and no response from him.) I would like to not let more time pass when it's definitely time to get a settlement agreement in front of a Judge. We have absolutely nothing to dispute, so this is simple, and I'm very upset my lawyer hasn't followed through (especially since he's received payment.)
My question is .... can defendant and I (plaintiff) get our settlement agreement written up from rocketlawyer.com notarized and to a judge for signing? What is my next step in asking the court, as far as this goes? Defendant does not want to hire a lawyer or dispute anything from petition, we are ready to get our simple divorce completed.
Submitted: 3 years ago via RocketLawyer.
Category: Family Law
Expert:  RayAnswers replied 3 years ago.

RayAnswers :

Thanks for your question and good morning.

RayAnswers :

You need to write your lawyer here and copy the court that you are terminating his services and that you are proceeding pro se since he has not done anything on your case.And then you can proceed here with settlement agreement and ask court clerk for days that they hear uncontested matters.You go and its first come first served.The other party does not have to appear.

RayAnswers :

Here is a free form here--I am assuming that there are no kids

RayAnswers :

MARITAL SETTLEMENT AGREEMENT


 


AGREEMENT made on this ____________ day of ___________________, 20_____, by and between _____________________________________ (hereinafter referred to as "Wife"), who resides at ______________________________________________________________ [insert full residential address of Wife] and _____________________________________ (hereinafter referred to as "Husband"), who resides at ______________________________________________________________ [insert full residential address of Husband].


 


WHEREAS, we were married on the ___________ day of _____________________, _______, in _________________________, State of _________________________, and we now mutually desire to dissolve our marriage and mutually agree to live permanently separate and apart from each other, as if we were single;


 


WHEREAS, we each have exercised good faith and have made fair, accurate, and complete disclosure to each other regarding all financial and property matters pertaining to this marital settlement agreement;


 


WHEREAS, we mutually desire to settle by agreement all matters regarding our marital affairs, personal and real property, and finances;


 


WHEREAS, we mutually intend this agreement to be a final disposition regarding the marital issues addressed herein and intend that this agreement be incorporated into any subsequent DECREE OF DIVORCE .


 


THEREFORE, in exchange for the mutual promises herein contained, we agree to live separately and to divide our property and finances according to the following mutually agreed upon terms and conditions:


 


1. REAL ESTATE


A. RESIDENCE


 


Husband shall reside at _________________________________________________ ____________________________________________________________________.


 


Wife shall reside at_____________________________________________________ ____________________________________________________________________.


 


B. HOMESTEAD


 


Husband and Wife own the following real property as their family residence, located at ____________________________________________________________________


____________________________________________________________________.


 


Husband and Wife agree that ____________________________ shall continue to reside at the above mentioned family residence.


 


Rights, responsibilities and expenses regarding the above mentioned family residence shall be distributed as follows:


 


1) Title:


Husband shall have the following rights of title and ownership in the family residence: _____________________________________________________________________________
_____________________________________________________________________________


_____________________________________________________________________________


 


Wife shall have the following rights of title and ownership in the family residence:


_____________________________________________________________________________
_____________________________________________________________________________


_____________________________________________________________________________


 


2) Expenses, Mortgage and Maintenance:


Husband shall be responsible for and pay the following expenses regarding the family residence:


_____________________________________________________________________________
_____________________________________________________________________________


_____________________________________________________________________________


 


Wife shall be responsible for and pay the following expenses regarding the family residence:


_____________________________________________________________________________
_____________________________________________________________________________


_____________________________________________________________________________


 


C. OTHER REAL ESTATE


 


Husband and Wife jointly own the following other real estate to be divided as follows:


 


1) To Husband: _____________________________________________________________________________
_____________________________________________________________________________


_____________________________________________________________________________


 


2) To Wife:


_____________________________________________________________________________
_____________________________________________________________________________


_____________________________________________________________________________



2. PERSONAL PROPERTY


A. HOUSEHOLD GOODS


Husband and Wife jointly own the following household goods to be divided as follows:


 


1) To Husband: _____________________________________________________________________________
_____________________________________________________________________________


_____________________________________________________________________________


 


2) To Wife: _____________________________________________________________________________
_____________________________________________________________________________


_____________________________________________________________________________


 


B. AUTOMOBILES


Husband and Wife jointly own the following automobiles to be divided as follows:


 


1) To Husband: _____________________________________________________________________________
_____________________________________________________________________________


_____________________________________________________________________________


 


2) To Wife: _____________________________________________________________________________
_____________________________________________________________________________


_____________________________________________________________________________


 


 


C. OTHER PERSONAL PROPERTY


Husband and Wife own the following other personal property to be divided as follows:


 


1) To Husband: _____________________________________________________________________________
_____________________________________________________________________________


_____________________________________________________________________________


 


2) To Wife: _____________________________________________________________________________
_____________________________________________________________________________


_____________________________________________________________________________


 


 


3. BANK ACCOUNTS


Husband and Wife jointly hold the following bank accounts:


________________________________________ (Account Number)


________________________________________ (Account Balance)


 


________________________________________


________________________________________


________________________________________


________________________________________


(Name and Address of Institution)


 


________________________________________ (Account Number)


________________________________________ (Account Balance)


 


________________________________________


________________________________________


________________________________________


________________________________________


(Name and Address of Institution)


 


________________________________________ (Account Number)


________________________________________ (Account Balance)


 


________________________________________


________________________________________


________________________________________


________________________________________


(Name and Address of Institution)


 


________________________________________ (Account Number)


________________________________________ (Account Balance)


 


________________________________________


________________________________________


________________________________________


________________________________________


(Name and Address of Institution)


 


The above mentioned accounts shall be divided as follows:


 


1) To Husband: _____________________________________________________________________________
_____________________________________________________________________________


_____________________________________________________________________________


 


 


 


2) To Wife: _____________________________________________________________________________
_____________________________________________________________________________


_____________________________________________________________________________


 


4. DEBTS


Husband and Wife jointly hold the following debts outstanding:


 


________________________________________ (Account Number)


________________________________________ (Account Balance)


 


________________________________________


________________________________________


________________________________________


________________________________________


(Name and Address of Institution)


 


________________________________________ (Account Number)


________________________________________ (Account Balance)


 


________________________________________


________________________________________


________________________________________


________________________________________


(Name and Address of Institution)


 


________________________________________ (Account Number)


________________________________________ (Account Balance)


 


________________________________________


________________________________________


________________________________________


________________________________________


(Name and Address of Institution)


 


________________________________________ (Account Number)


________________________________________ (Account Balance)


 


________________________________________


________________________________________


________________________________________


________________________________________


(Name and Address of Institution)


 


The above mentioned debts shall be divided as follows:


 


1) Husband agrees to pay and assume all responsibility for the following debts: _____________________________________________________________________________
_____________________________________________________________________________


_____________________________________________________________________________


 


 


 


2) Wife agrees to pay and assume all responsibility for the following debts: _____________________________________________________________________________
_____________________________________________________________________________


_____________________________________________________________________________


 


Husband and Wife agree that from the date of this agreement, neither shall assume any joint debt or liability. Husband and Wife agree that each shall be individually responsible for all debts that he or she acquires subsequent to the date of this agreement.


 


5. TAX LIABILITY


Husband and Wife agree that any joint tax liability shall be assumed as follows:


 


1) By Husband: _____________________________________________________________________________
_____________________________________________________________________________


_____________________________________________________________________________


 


2) By Wife: _____________________________________________________________________________
_____________________________________________________________________________


_____________________________________________________________________________


 


6. LIFE INSURANCE


 


A. Husband owns the following life insurance policies naming Wife as beneficiary:


 


___________________________________ (Policy Number)


___________________________________ (Policy Amount)


 


___________________________________


___________________________________


___________________________________


___________________________________


(Name and Address of Institution)


 


 


___________________________________ (Policy Number)


___________________________________ (Policy Amount)


 


___________________________________


___________________________________


___________________________________


___________________________________


(Name and Address of Institution)


 


___________________________________ (Policy Number)


___________________________________ (Policy Amount)


 


___________________________________


___________________________________


___________________________________


___________________________________


(Name and Address of Institution)


 


Husband agrees that Wife [check one:] _________shall, or _________shall not remain the beneficiary of the following life insurance policies:


_____________________________________________________________________________
_____________________________________________________________________________


_____________________________________________________________________________


 


B. Wife owns the following life insurance policies naming Husband as beneficiary:


 


___________________________________ (Policy Number)


___________________________________ (Policy Amount)


 


___________________________________


___________________________________


___________________________________


___________________________________


(Name and Address of Institution)


 


 


___________________________________ (Policy Number)


___________________________________ (Policy Amount)


 


___________________________________


___________________________________


___________________________________


___________________________________


(Name and Address of Institution)


 


___________________________________ (Policy Number)


___________________________________ (Policy Amount)


 


___________________________________


___________________________________


___________________________________


___________________________________


(Name and Address of Institution)


 


Wife agrees that Husband [check one:] _________shall, or _________shall not remain the beneficiary of the following life insurance policies:


_____________________________________________________________________________
_____________________________________________________________________________


_____________________________________________________________________________



7. HEALTH INSURANCE


Husband and Wife agree as follows in relation to their respective health care coverage:


_____________________________________________________________________________
_____________________________________________________________________________


_____________________________________________________________________________



8. SPOUSAL SUPPORT


A. Husband shall pay to Wife spousal support in the sum of _____________________________ dollars ($______), _________________________ [specify "weekly" or "monthly"], beginning on the ____________ day of __________________, 20 ____. Husband shall continue to pay this sum for a period of ________________________, subject to the following mutually agreed upon conditions:


_____________________________________________________________________________
_____________________________________________________________________________


_____________________________________________________________________________


 


B. Wife shall pay to Husband spousal support in the sum of _____________________________ dollars ($______), _________________________ [specify "weekly" or "monthly"], beginning on the ____________ day of __________________, 20 ____. Wife shall continue to pay this sum for a period of ________________________, subject to the following mutually agreed upon conditions:


_____________________________________________________________________________
_____________________________________________________________________________


_____________________________________________________________________________


 


9. LEGAL NAME


Husband and Wife agree that upon final divorce or dissolution of the marriage, Wife shall have the right to retain her married name or shall also have the right to return to her maiden or former name: _________________________________ [insert Wife's maiden name].


 


10. FINAL AGREEMENT


This agreement sets forth the entire agreement and understanding between the Husband and Wife relating to the settlement of martial property and finances and supersedes all prior discussions between us. No modification of or amendment to this agreement, nor any waiver of any rights under this agreement, will be effective unless in writing signed by the party to be charged.


 


11. ACKNOWLEDGEMENT


Husband and Wife acknowledge that each has entered into this agreement in good faith, without any duress or undue influence. Each understands his or her right to seek independent counsel regarding this agreement, and each has had the opportunity to seek independent counsel prior to signing this agreement.


 


12. CHOICE OF LAW


Husband and Wife agree that this agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia.


 


Signed and dated this __________ day of _______________________, 20_____.


 


 


 


________________________________ ________________________________


Wife Husband


 


 


 


________________________________ ________________________________


Witness #1 for Wife Witness #1 for Husband


 


 


 


________________________________ ________________________________


Witness #2 for Wife Witness #2 for Husband













CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC


COMMONWEALTH OF VIRGINIA
COUNTY OF ________________

This document was acknowledged before me on _______________ [Date] by ________________________________________________ [name of principal].


[Notary Seal, if any]:


_______________________________
(Signature of Notarial Officer)

Notary Public for the Commonwealth of Virginia

My commission expires: ___________________


RayAnswers :

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.


 


Please remember to click the ACCEPT button so that I can get credit for the answer. Leaving a BONUS (tip) & POSITIVE FEEDBACK after you accept is very much appreciated.

Customer:

What does "proceeding pro se" mean? I just looked over a paper on Virginia no fault divorce and it says once 21 days and no response from defendant, I can file to have the case considered a "commisioner in chancery". Once commisioner has heard evidence, he or she will file a recommendation that judge grant complainant a divorce. What is "commisioner in chancery"? I already have a settlement agreement mocked up. We do have one child and a custody agreement with the court.

RayAnswers :

Without a lawyer--you have to notify court that you fired your lawyer and will be representing yourself--latin--pro se--on your own.

RayAnswers :

REFERENCE OF DIVORCE CASES TO SPECIAL COMMISSIONERS
By order of this Court (Chancery Book 67, Page 111) upon agreement of all parties, a divorce case may be referred to a Special Commissioner in Chancery. The Special Commissioner files a report stating his/her findings of fact and conclusions of law.


Unless otherwise provided in the Decree of Reference, the Special Commissioner does not hear evidence relating to the custody and maintenance of minor children of the parties, the amount of spousal support, or the equitable distribution of marital property.

RayAnswers :

This is proceeding here to have it heard as an agreed/uncontested divorce here--this is the local rules for doing this.

Customer:

Thank you so much. Good information!!

RayAnswers :

You're welcome, thanks for letting me help.If you can click accept it is much appreciated.Have a great day.

Expert:  RayAnswers replied 3 years ago.
Have a great afternoon.
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29127
Experience: 29 years as a family law lawyer .
RayAnswers and 3 other Family Law Specialists are ready to help you

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