Fill and Sign the Defendant Form

- 1 - IN THE CIRCUIT COURT OF ________________ COUNTY COMMONWEALTH OF VIRGINIA YOUR NAME)PLAINTIFF vs.)CASE NO. ________________DEFENDANT'S NAME)DEFENDANT COMPLAINT COMES, ___________________________, Plaintiff, and files this Complaint and would state in support thereof the following: 1.This Court has jurisdiction of the parties and subject matter pursuant the Code of the Commonwealth of Virginia, Title 20, Chapter 6, Section 20-96.2.Plaintiff and/or Defendant has/have been actual bona fide resident(s) and domiciliary of ________________ County, Virginia, for at least six months preceding the commencement of this suit. The parties comply with the venue requirements of the Code of Virginia Title 20, Chapter 6, Section 20-97.3. The Parties were lawfully married on ___________________ in _____________ County, __________________________.4.There are no minor children born of the parties or born of either party and adopted by the other or adopted by both parties and wife is not now pregnant. All children of the parties are adults over the age of 21 years, self-supportive and emancipated.5.Both parties to the marriage are of legal age and are mentally competent. - 2 - 6.From and after _________________ , 20___, and up to the present, Plaintiff and Defendant have lived separate and apart without any cohabitation and without interruption and the parties have entered into a separation agreement. The Parties have so lived separate and apart without interruption for 6 months or more in compliance with the Code of Virginia, Title 20, Chapter 6, Section 20-91. 7.Plaintiff and Defendant are not on active duty with any branch of the U.S. armed forces.8. The current residences of the Parties are as follows:Husband:_________________________Wife: _________________________Address: _________________________Address: ___________________________________________________________________________________________9. There is no reasonable expectation that my spouse and I will reconcile.10.Party _________________________ requests does not request restoration of his/her former name, _________________________________ . This request is not made for any illegal or fraudulent reason. 11.The Parties further state that no other cases in the Commonwealth of Virginia or any state or territory are pending involving the same claim or subject matter as this case. 12. The Parties have executed a Separation and Property Settlement Agreement disposing of all jointly owned property and settling all jointly owed debts and rights and liabilities of the parties, a copy of which is attached hereto as Exhibit "A". - 3 - WHEREFORE, Plaintiff, requests that:a)The Court grant the Parties a Divorce on the ground of living separate and apart with a separation agreement as above pled;b)That the Separation and Property Settlement Agreement disposing of all jointly owned property and settling all jointly owed debts and rights and liabilities of the parties, a copy of which is attached hereto as Exhibit "A", be incorporated into the final judgment of divorce; c)Party, ___________________, requests does not request, that he/she be restored his/her former name of ________________________ . d)That the Court will grant such other relief as deemed appropriate; Respectfully submitted, _________________________________ Signature of PlaintiffPrint Name: _______________________ COMMONWEALTH OF VIRGINIACOUNTY OF ____________________SWORN TO AND SUBSCRIBED BEFORE ME, this _____________________ (date) by _________________________________________ (name of person acknowledged). ______________________________Notary PublicPrinted Name: _________________ My Commission Expires: _____________________