With Justice for ALL (quote from the pledge of allegiance USA)
This is an informational website offering support not legal advise
EDUCATION - DIVORCE PROCESS BASICS
WASHINGTON STATE DIVORCE DECREE VACATED BY AGREED ORDER
THE PRINCIPLES USED HERE CAN BE USED AS A MODEL FOR YOUR STATE.
AN AGREED ORDER IS SUPPOSED TO GUARANTEE THAT THE JUDGE WILL HAND DOWN AN ORDER FOR WHAT THE COUPLE WANTS. IF THEY DON'T YOU CAN APPEAL.
ACTUAL STAMPED DOCUMENTS WILL BE SCANNED AND POSTED AT THIS SITE WHEN THEY ARE RECIEVED FROM THE RESTORED COUPLE.
RESEARCH your states laws if you can to find out what your states rules are these "RCW's" pertain to Washington State but have similar rules in every state. Don't let this intimidate you it's not difficult to find. You can call a law school and quote the RCW here asking if they can find a corresponding law/rule for you or call an attorney and ask for a free visit asking the question then. Be prepared to have them say "you can't do that" because most lawyers think divorce is a "sacred cow" and is untouchable but it's not so just ignore them and ask for the law complete with it's numbers.
Create the document with the header and footer exactly like your divorce decree substituting your names and address for any atorney name on the footer. If you don't have a copy you can order one from the court where the divorce order was finalized. A lot of the time the court records can be ordered online. It is important to have the header and footer identical to what the case document looked like.
Make three copies of the document.
Take the document to a notary and sign all three copies
BOTH of you go to the court house (or call and see if this can be done by telephone conference if you're not in the area any more). File the document and ask to see a Judge right then if possible. If that isn't possible set a hearing date. Many Judges will see you in chambers right away if you're there together.
IF you had to set a hearing date BOTH of you go. The Judge will ask you if you are both in agreement with what you're asking.
After the Judge writes the order or gives you instructions to write it and he/she signs it make sure you go to the clerks office to get certified copies of the document. Get one certified copy and then you can copy that at a local copy shop. The "order" here is only something to submit to the court, they will write what they want on it or not change it at all as the Judge sees fit. No matter what the terminology the end result is the decree will be eliminated and you will be returned to the married status you had prior to the decree being issued.
7. The court will keep the original copy and you should both keep a copy so that if there is ever a question one or both of you have a copy in a safe place (not together). Keeping dual copies in two safe places is good practice for all important papers.
Here is a copy of the document written by Rev. S. L. Gardner based on legal research by Cheri Crittenden-Gerland. Accepted in Washington State Courts August 2006.
Name and number of the case has been withheld at this point until the restored couple is ready to make public releases of their story which will be seen at http://ShalomRefuge.com or ShalomRefuge.com/tkgm
SUPERIOR COURT OF WASHINGTON
COUNTY OF WHITMAN
In re Marriage of: )
) Case No. #02-------------
S E D ) MOTION TO SET
Petitioner ) TRIAL/HEARING
and ) TO VACATE
L M D )
MOTION FOR A NEW TRIAL TO VACATE CASE #02------------
TO THE HONORABLE JUDGE DAVID FRAZIER
S E D and L M D, pro se, respectfully request this court immediately grant a hearing and/or that an order be issued in case number 02------- under the authority of RCW 4.72.010 (1) which states that:
“The superior court in which a judgment or final order has been rendered, or made, shall have power to vacate or modify such judgment or order:
(1) By granting a new trial/hearing for the cause, within the time and in the manner, and for any of the causes prescribed by the rules of court relating to new trials.
We believe the court has the power to grant a new hearing/trial or issue an order based on the agreement of both parties based on new evidence per RCW 4.76.070 and that RCW 4.72.080 allows you to exercise your power to vacate the judgment if you find just cause to vacate.
I S D regret that I brought this matter into the court in the first place. We deem marriage as a covenant, legally binding in the courts of heaven. We were joined together as one flesh by God Himself. We made a promise in the sight of God, family and friends, to love one another, and commit ourselves to each other till death parts us. That promise is alive in our hearts today. We stand on His written Word that says “what therefore God has joined together, let not man put asunder.” I now know that asking for a divorce was a travesty, and am asking with the agreement of L M D that the courts reverse what was done, and to deem this divorce null and void. I am using that term because I don’t know the legal terminology to reverse what I have done but I have been told that vacate may be the term. I ask the court for your indulgence at my lack of the knowledge of legal terminology.
Both L and I follow the laws of the land, but we also follow the greater laws of God and I have come to understand that this is a greater mandate for my life. Gods Word states that He hates divorce, Malachi 2:16 For the Lord, the God of Israel, says: I hate divorce and marital separation and him who covers his wife with violence. Therefore keep a watch upon your spirit that it may be controlled by My Spirit, that you deal not treacherously and faithlessly with your marriage mate.
According to 1 Corinthians7:10 but to the married people I give charge--not I but the Lord--that the wife is not to separate from her husband. 11 But if she does separate from and divorce him let her remain single or else be reconciled to her husband. And I charge the husband also that he should not put away or divorce his wife. I treated my wife treacherously and I want that treachery reversed.
We believe that you have the power to vacate under Washington state law and as we are in agreement that this be done and we ask for you to issue an order causing that to happen.
However, should you deem that you do not have the power under Washington State law we remind you that you do have the power under the US Constitution. A failure to vacate this order would violate USC Title 42, Section 1983 and our 1st, 9th, and 14th Amendment rights. Freedom of conscience has been deemed a fundamental right and our conscience as well as our religious beliefs should invoke the conscious of the court and the granting of this motion to vacate.
Written this _______ of _______________________
S E D L M D
SUPERIOR COURT OF WASHINGTON
COUNTY OF WHITMAN
In re Marriage of: )
) Case No. #02- ----------
S E D ) ORDER
Petitioner ) TO
and ) VACATE
ORDER TO VACATE
The court having been presented with new evidence in cause number 02------ and with the mutual consent of the parties to this case hereby vacates order number 02------- and restores the parties to the status they had prior to this case that being the legal status of husband and wife.
Dated _________________ _____________________