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incorporated herein by this reference. When the petition was
filed, petitioner resided in Fairfax County, Virginia.
Petitioner and Karen A. Deluca (Ms. Deluca) were married in
1984. On October 16, 2001, they separated. Her attorney
notified petitioner by letter dated December 7, 2001, that he had
been retained by Ms. Deluca for the purpose of obtaining a
divorce. In the letter, the attorney stated that he was “in the
process of preparing a Separation and Property Settlement
Agreement” that would incorporate a provision requiring
petitioner to pay Ms. Deluca $1,300 per month as spousal support
until their marital home was sold, and that after the sale his
obligation would be reduced to $1,000 per month. The letter
further stated that the separation agreement, when prepared,
would incorporate the following additional terms:
A. Karen will file for divorce on a no-fault
basis, based upon living separate and apart from you
continuously, without cohabitation, for the appropriate
time required under Virginia law.
* * * * * * *
C. You will continue to pay the mortgage on the
marital home until it is sold. Upon the sale of the
home, after deduction of the customary costs of sale,
you and Karen will divide equally the proceeds.
D. You will continue to provide health insurance
for Karen.
E. You will retain as your separate property all
investments titled in your name alone. Karen will
retain as her separate property all investments titled
in her name alone. In addition, Karen shall retain as
her separate property all investments now titled in
your joint names.
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Last modified: March 27, 2008