Legal Question in Family Law in Virginia
Hello, I'm filing for divorce I have already filed with the court and have a case Number already, what is my next step in proceeding. My wife soon to be ex wife have ready sign the separation and property agreement and been notarized. In my state it was explain to me by the clerks office since its a non contested divorce we don't have to appear for court. How do I continue to file.... Need help badly..thanks
1 Answer from Attorneys
Yes, badly indeed it would seem. What have you supposedly filed, a valid Complaint for Divorce? If not, then go back to square # 1 and consult with an attorney who knows about filing for divorce in the Commonwealth.
If so, then prepare your waiver of services of process and future service of process documents and your final decree of divorce which properly incorporates this property settlement agreement (incorporated but not merged).
And, then after filing this final decree with the clerk's office, you should be ready to schedule what's called an Ore Tenus hearing before a judge in which
you will ask your one witness who is familiar with the facts of your marital situation about 36 questions or so regarding the marriage and the facts concerning its dissolution and the parties involved.
Also, don't forget the vital statistics and privacy addendum forms which also need to accompany the filing of the final decree with the clerk's office.
Best of luck with it.
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