Virginia Divorce: Notice of Non-Compliance

[theocean]

What is the name of your state (only U.S. law)? Virginia

Hello,

I filed for a divorce 3 weeks ago and got a letter of non-compliance the other day for the following error on my final decree:

Equitable Distribution - Denied except as specified in PSA / SA and / or FD

I'm 24 and my wife is with another man and wants nothing to do with the divorce process. I'm stuck out here with little money and no help.

Please advice,

 

[theocean]

Bump.

I really need some help with this.

Happy 4th as well.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Virginia

Hello,

I filed for a divorce 3 weeks ago and got a letter of non-compliance the other day for the following error on my final decree:

Equitable Distribution - Denied except as specified in PSA / SA and / or FD

I'm 24 and my wife is with another man and wants nothing to do with the divorce process. I'm stuck out here with little money and no help.

Please advice,

Stephen

They were not distributing any marital property except as specified in the Separation agreement or final decree. So what does your final decree state other than that regarding SPECIFIC property.

 

[theocean]

They were not distributing any marital property except as specified in the Separation agreement or final decree. So what does your final decree state other than that regarding SPECIFIC property.

The decree states that we claim no marital property.

"and that the parties have settled their property rights and all issues of spousal support, by the Agreement dated ________________________; a copy of which is filed herein; that there are no minor children born of, or adopted to, this marriage;

ADJUDGED, ORDERED and DECREED that the Property Settlement Agreement entered into between the parties on ________________________, filed herein, be and the same hereby is, confirmed, approved, ratified and incorporated by reference, but not merged into this Decree, pursuant to Section 20-109.1 of the 1950 Code of Virginia, as amended; and it is further

ADJUDGED, ORDERED and DECREED that having not been requested by either party, spousal support is ordered denied to each of the parties"

In my PSA is the following:

MARITAL REAL PROPERTY. The parties acknowledge that any real property purchased or leased since the date of marriage may be considered marital property.
The parties agree that, prior to the execution of this Agreement, all such marital real property which may have existed was legally disposed of, all related financial obligations have been terminated, and all proceeds from related sales have been divided and disbursed in full, to the complete satisfaction of each interested party.
PERSONAL PROPERTY. The parties agree with respect to their personal property as follows:
The parties agree that the Husband shall have as his sole property any belongings he brought into the marriage.
The parties agree that the Wife shall have as her sole property any belongings she brought into the marriage.
Except where otherwise specified in this Agreement, the parties shall divide between them, to their mutual satisfaction, all furniture and household furnishings, and all other items of personal property which heretofore have been held by them in common, jointly, or as tenants by the entirety, and neither party will make any claims to any such items which are agreed to be owned by the other.


So what am I doing wrong?

 

[Ohiogal]

The decree states that we claim no marital property.

"and that the parties have settled their property rights and all issues of spousal support, by the Agreement dated ________________________; a copy of which is filed herein; that there are no minor children born of, or adopted to, this marriage;

ADJUDGED, ORDERED and DECREED that the Property Settlement Agreement entered into between the parties on ________________________, filed herein, be and the same hereby is, confirmed, approved, ratified and incorporated by reference, but not merged into this Decree, pursuant to Section 20-109.1 of the 1950 Code of Virginia, as amended; and it is further

ADJUDGED, ORDERED and DECREED that having not been requested by either party, spousal support is ordered denied to each of the parties"

In my PSA is the following:

MARITAL REAL PROPERTY. The parties acknowledge that any real property purchased or leased since the date of marriage may be considered marital property.The parties agree that, prior to the execution of this Agreement, all such marital real property which may have existed was legally disposed of, all related financial obligations have been terminated, and all proceeds from related sales have been divided and disbursed in full, to the complete satisfaction of each interested party.
PERSONAL PROPERTY. The parties agree with respect to their personal property as follows:
The parties agree that the Husband shall have as his sole property any belongings he brought into the marriage.
The parties agree that the Wife shall have as her sole property any belongings she brought into the marriage.
Except where otherwise specified in this Agreement, the parties shall divide between them, to their mutual satisfaction, all furniture and household furnishings, and all other items of personal property which heretofore have been held by them in common, jointly, or as tenants by the entirety, and neither party will make any claims to any such items which are agreed to be owned by the other.


So what am I doing wrong?

The bolded contradicts each other but if the judge signed the decree then you are divorced if it is filed. HOWEVER, you can't claim no marital property and then state that you have divided all property to your mutual satisfaction.

 

[theocean]

Thank you for the reply.

In Virginia, after you submit a SA and a final decree, a law clerk reviews it for consistency. If this is the error - if I omit the sentence about marital property - will it be approved to be reviewed by a judge?

 

[Ohiogal]

Thank you for the reply.

In Virginia, after you submit a SA and a final decree, a law clerk reviews it for consistency. If this is the error - if I omit the sentence about marital property - will it be approved to be reviewed by a judge?

Maybe. I say this because I have NO CLUE what else is said in the decree and I do not practice in VA.

 

[fre802]

Since your courthouse has a law clerk available to check paperwork, the easiest path is to take your divorce paperwork and the notice back to them and ask where the mistake is. Somewhere you've used language or checked a box that asked the court to divide your property, in conflict with the property being divided by settlement agreement.

 

[Ohiogal]

Since your courthouse has a law clerk available to check paperwork, the easiest path is to take your divorce paperwork and the notice back to them and ask where the mistake is. Somewhere you've used language or checked a box that asked the court to divide your property, in conflict with the property being divided by settlement agreement.

Law CLERKS are NOT allowed to give legal advice (which advising on paperwork would be) unless they are attorneys.

 

[fre802]

Law CLERKS are NOT allowed to give legal advice (which advising on paperwork would be) unless they are attorneys.

I used the same terminology as the OP when he said "a law clerk reviewed it for consistency" so he'd know what I'm talking about. It doesn't matter on this forum what the guy's actual title is, just that OP understands.

If OP's courthouse finds the guy competent for his job, why would you question it? If the guy's job is to check for inconsistencies, and there is an inconsistency between boxes checked and the separation agreement, he just might sorta maybe be able to find it. At least my suggestion doesn't do harm, like implying he should remove a sentence from his signed settlement agreement would. *cough cough*

 

[Ohiogal]

I used the same terminology as the OP when he said "a law clerk reviewed it for consistency" so he'd know what I'm talking about. It doesn't matter on this forum what the guy's actual title is, just that OP understands.

If OP's courthouse finds the guy competent for his job, why would you question it? If the guy's job is to check for inconsistencies, and there is an inconsistency between boxes checked and the separation agreement, he just might sorta maybe be able to find it. At least my suggestion doesn't do harm, like implying he should remove a sentence from his signed settlement agreement would. *cough cough*

I never implied he should change a SIGNED settlement agreement. What I stated was he had inconsistencies that he needed to deal with. It might work taking the sentence out of the decree which is NOT signed.

And I am sure that the courthouse is not telling their law clerks to give legal advice such as telling people what they need to write in their agreements/decrees. Because if they are not attorneys that is a big problem.

 

[LdiJ]

I never implied he should change a SIGNED settlement agreement. What I stated was he had inconsistencies that he needed to deal with. It might work taking the sentence out of the decree which is NOT signed.

And I am sure that the courthouse is not telling their law clerks to give legal advice such as telling people what they need to write in their agreements/decrees. Because if they are not attorneys that is a big problem.

I am a bit confused....and this post is a bit off topic.

I know that court clerks are not attorneys, but I thought that law clerks were? I am always hearing about people graduating from law school and going off to clerk for a judge....and that there is some status in doing so. Am I all mixed up about that?

 

[fre802]

Actually, LdiJ, I addressed that in my last post but after half of it was deleted, I decided there was no point in responding further. And while I have your attention, let me say I quickly gained high regard and respect for you, in the way you treat each 'poster with a question' courteously while giving clear, helpful, correct answers in a professional, non-judgmental style.

It is indeed incorrect to assume the position of law clerk is some lowly unqualified one. The term is used for many different job titles in different sectors, and you are correct that a law clerk is a different position than a court clerk, and typically requires the person has achieved a JD. After all, the attorneys clerking for the Supreme Court justices are called law clerks, and few of us would meet the high standards for those positions. In fact, it's the judicial law clerks who write many of the first drafts of judge's opinions on every court level.

In the federal court system, the position of law clerk requires a bar pass, too. Here's an example of necessary qualifications for a job found by inserting "law clerk" into a search box at usajobs:

Law Clerk
QUALIFICATIONS REQUIRED:
A juris doctor degree and membership of the bar of a state, territory, or federal court of general jurisdiction is required. Applicants must have superior writing, research, and analytical abilities.

*Two years of federal chambers law clerk, staff attorney, pro se law clerk, bankruptcy appellate panel law clerk, or death penalty law clerk experience is required in order to be appointed at the JSP 14 level.

Specialized Education:
You must be a graduate from a law school accredited by the American Bar Association and be a member in good standing of a state, territory of the United States, District of Columbia, or Commonwealth of Puerto Rico bar.

HOW YOU WILL BE EVALUATED:
You will be evaluated based upon the question responses you provide during a structured interview. In responding to structured interview questions you should be sure to cite specific examples of experience, explain exactly what you did, and the outcome.

While I only used the term when addressing the OP as a way to avoid confusion, I will tell you that in the court system of the county where I reside, the position of law clerk requires a JD and bar pass, and they work for individual judges doing research and writing opinions, as well as putting in a few hours manning the family law facilitator office where they do indeed give advice as needed. Not every licensed attorney wants the stress of private practice or working in a 1000-attorney firm, and there's a security in job longevity, benefits and pension in the gov jobs that's not as available in the private sector these days. So, as you can see, if the OP says the "law clerk" checked his papers for consistency it's a more reasonable presumption that the person was qualified to do so than that he was not, and to even bring up the subject was simply a way to nitpick and bait, counterproductive to helping the OP. (Read fast before I get deleted again)

As you correctly pointed out, the first job of many newly graduated attorneys working in a law firm while studying for the Bar is titled "law clerk." One can be an attorney without being able to practice law independently in his current state of residence, because each state requires separate licensing and has different reciprocity requirements, and people do have occasion to move to new states. However, under the supervision of a licensed attorney, that law clerk is capable of doing the same work within the office and has a foot in the door for an associate position once the Bar card is obtained.

This post is made solely in answer to Ldij's query, not for the purpose of reopening futile off-topic debate. Now back to your regularly scheduled program.