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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 15744
Experience:  Licensed Texas General Practice Attorney
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I have a situation where, I'll be singing the waiver form

Customer Question

I have a situation where, I'll be singing the waiver form for Uncontested Divorce that my spouse initiated. Waiver form states that I'll be giving up my rights and I'll not be able to know any status of the Divorce proceeding and the timeline to receive the final Decree. As a Defendent, I'm a bit apprehensive to sign this Waiver form. Do you know, in VA bar if there are any guidelines/rights for Defendent. Is there any help provided where I get some relief as a Defendent, that in future my x-spouse would not file any other suit on me. Background: I moved to California in Jan 2016. Spouse is in VA. It was long term marriage. No children were born. Earlier I was Plaintiff. And my Lawyer didn't not guide me right and didn't file the VS-4 form before she initiated the Divorce complaint and neither she drafted any Settlement Agreement before she filed for Uncontested Divorce complaint. That's the reason, court wanted me to Dismiss the earlier case and later my Spouse initiated Divorce case. In this case, they want me to sign the Waiver form. Please help.
Submitted: 9 months ago.
Category: Family Law
Expert:  ScottyMacEsq replied 9 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Have you agreed upon the distribution of assets/debts (the marital settlement agreement) and is that being submitted with the divorce petition?

Customer: replied 9 months ago.
we have agreed upon the Marital Settlement agreement. And, as Defendent, when signing the Waiver form, I'm just concerned that once Husband's Attorney files the Divorce complaint, thewaiver stated that I'll be giving up my right to receive any information proceeding in the Case matter. How to handle this for my advantage as a Defendent and if the paperwork is flawless. In VA bar, is there any stipulated timeline to conclude the Uncontested Divorce and receive signed Decree. In this case, I'm asking your assistance as I don't have any Lawyer, I'm only relying on Husband's attorney. Do you think I shall seek a counsel?
Expert:  ScottyMacEsq replied 9 months ago.

Understood. Basically what you're signing is allowing the case to move forward more quickly. Having to give you notice slows the process down. This is VERY common in uncontested divorces where there's a MSA that's signed. It's true that you're "giving up rights" to notice, but the right is not a "strong" right. By not signing this, you're essentially saying that you want them to send you (and sometimes personally serve you) with legal notice of situations. Signing this says that they don't have to do so to move forward. Now if you were not in agreement (if there was no MSA) I wouldn't suggest that you sign it, because they could get a judgment that you don't agree with. But because you do have an MSA, that's going to be what is entered. The judge is not going to deviate from the MSA when you're not there (because the judge knows that you signed this only because of the MSA agreed to).

Again, like I said, this is very common, and I would not be apprehensive of signing it. It merely makes the process move more quickly. You're not really giving up "anything" because you're not benefited by not signing (other than the fact that you'll be getting notices of hearings, etc... which will make the process take longer and cost more money.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 9 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 9 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)q

Expert:  ScottyMacEsq replied 9 months ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 9 months ago.

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 9 months ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 9 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 9 months ago.

Hello? Please note that you still need to rate this answer. That's what I am waiting on...

Expert:  ScottyMacEsq replied 9 months ago.

I see that you still have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

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