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My husband and I have been separated for almost a year. He is very verbally abusive, so when he left me for another woman I was happy, we agreed and had an uncontested divorce decree signed and notorized but I have not yet filed it with our local court. We agreed to everything including custody of our children, who would keep home and vehicle. A few months ago he became very verbally abusive and I have since had a restraining order placed on him. Can the signed decree be counted if he decides to renig on what we agreed upon.
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It sounds like you and he signed a separation agreement and if that was properly signed and executed before a notary, then it is a legally binding contract, regardless of whether it was filed. There could be other issues that might lead to a separation agreement being found invalid, but you would have to challenge the agreement. Regardless, issues involving custody or visitation are always subject to modification. Really, all of these issues are extremely complicated and you are better served lining up some attorneys to consult with, rather than trying to piece it together on an online Q&A forum. Good luck!
Answered on Oct 30th, 2013 at 3:40 PM
It's not clear what you had signed, but the only person who signs a Judgment of Divorce is a judge. There is no "decree" in New York law.
Answered on Oct 30th, 2013 at 3:05 PM