Cross-Bill of Complaint

[bospa]

What is the name of your state (Virginia)?

My wife and I were married for over 38 years and decided to separate. On 10 Oct 2005 we sold our home and farm, paid all our bills, divided the money that was left over, and went our separate ways. She got the Lexus and I got a beat up cargo van which was fine with me at the time. On 26 Oct 2005 we signed a separation agreement which states

“WHEREAS, both parties agree that this separation from each other shall not be considered abandonment, desertion, or cruelty toward either party and further agree that from the date of legal separation both parties have signified the start of the period of time required for a no fault divorce in the Commonwealth of Virginia, and the parties acknowledge the division of a majority of the martial assets and paid all martial debts.”

Three and a half years later (last week) she filed for divorce and her attorney sent me the Complaint, Notice To Take Depositions, and Acceptance/Waiver of Service of Process and Waiver of Future Service of Process and Notice and my understanding is I have 21 days to respond to the court. I was laid off last June and due to age, health, and the current economy cannot generate a living. I am on food stamps, fuel assistance, cannot afford an attorney and have three questions.

1. We did divide the majority of the martial assets but I let her cherry pick and keep the good stuff and we have two burial plots which I want no part of. Can I ask her to buy my plot?

2. Can I ask for spousal support? (she has good income).

3. Can I submit a Cross-Bill of Complaint to the court without an attorney? And if so where can I find an example of how to write it on the internet at no charge?

Thanks in advance for any helpWhat is the name of your state (only U.S. law)?

[LdiJ]

Originally Posted by bospa

What is the name of your state (Virginia)?

My wife and I were married for over 38 years and decided to separate. On 10 Oct 2005 we sold our home and farm, paid all our bills, divided the money that was left over, and went our separate ways. She got the Lexus and I got a beat up cargo van which was fine with me at the time. On 26 Oct 2005 we signed a separation agreement which states

“WHEREAS, both parties agree that this separation from each other shall not be considered abandonment, desertion, or cruelty toward either party and further agree that from the date of legal separation both parties have signified the start of the period of time required for a no fault divorce in the Commonwealth of Virginia, and the parties acknowledge the division of a majority of the martial assets and paid all martial debts.”

Three and a half years later (last week) she filed for divorce and her attorney sent me the Complaint, Notice To Take Depositions, and Acceptance/Waiver of Service of Process and Waiver of Future Service of Process and Notice and my understanding is I have 21 days to respond to the court. I was laid off last June and due to age, health, and the current economy cannot generate a living. I am on food stamps, fuel assistance, cannot afford an attorney and have three questions.

1. We did divide the majority of the martial assets but I let her cherry pick and keep the good stuff and we have two burial plots which I want no part of. Can I ask her to buy my plot?

Sure, you can ask her, but that doesn't mean that she has to agree. I doubt that a judge would force her to buy it either.

2. Can I ask for spousal support? (she has good income).

I would talk to a local attorney about that. You should be able to find someone that would give you a low cost consult.

3. Can I submit a Cross-Bill of Complaint to the court without an attorney? And if so where can I find an example of how to write it on the internet at no charge?

Thanks in advance for any helpWhat is the name of your state (only U.S. law)?

Yes, you can do it without an attorney...but trying to ask for alimony or change a property division at this point isn't something that anyone would recommend that you attempt without an attorney.

[nextwife]

As to spousal support, you did, after all, have a long term marriage, so you certainly can ask.