Legal Question in Family Law in Virginia

Divorce

I received a 'ACCEPTANCE/WAIVER OF SERVICE OF PROGRESS AND WAIVER OF FUTURE SERVICE OF PROCESS AND NOTICE' from my wife's lawyer with the attached 'Complaint of Divorce'. We have already signed a property Settlement Agreement but in the complaint it is not mentioned but in the end it says ''For Such Other relief as this court deems just and proper''. What does this mean?


Asked on 6/04/07, 3:52 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Divorce

The original complaint in a divorce action does not reference the Property Settlement Agreement(PSA)since the complaint is prepared(and often filed) before the PSA and its purpose is merely to lay out the basic allegations which provide a legal grounding for the divorce, and, furthermore, the filer of the complaint may not even know whether there will be a PSA in the case.

However, if there is a PSA which is later properly prepared and filed with the court, it should be accepted(adopted)by the court as a settlement for all of the major issues in the divorce and there will be no need for the court to provide "for such other relief as the court deems just and proper" which is merely standard boilerplate language that is often used to conclude the "Complaint For Divorce" initial pleading.

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Answered on 6/04/07, 6:43 pm


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