QUESTION
If I didn't notarize divorce clauses in Utah, are they still in effect?
Asked on Sep 24th, 2016 on Divorce - Utah
More details to this question:
My husband's lawyer sent me divorce clauses to sign, and I sent them back signed, but he neglected to tell me to get them notarized. One was a non disparagement agreement (we have no children). I no longer feel comfortable about the non disparagement clause. My husband is a therapist who had an affair with a married colleague, an affair with a member of a therapy group, and discussed me and his possessiveness of my body in therapy. He also attacked me, after a short reconciliation, hitting, kicking, tackling, breaking down a door, and throwing my phone. I filed a protective order and the criminal case is pending. I'm also worried about a stupid, short lived, threat I made to tell his employer in conjunction with asking for spousal support. I know! Horrible. Dumb. I regret it, and never acted on it. I'm afraid his lawyer will bring it up in the final protective hearing and in the criminal case.
1 ANSWER
Family Law Attorney serving Salt Lake City, UT
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David R. Hartwig, Esq.
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Without more detail, I am not sure whether the documents you signed were actually used; they could have been. What I'd need to do is review your case, and see if orders based on those documents were signed by the court.
I also have a question on the time line, when you signed the non-disparage document and when you filed for the protective order (including when the events occurred). You are correct that your husband's attorney could use the document in the protective order and criminal case hearings. Additionally, if the document was used as the basis of an order, before the protective order, your husband might use the same to attempt to hold you in contempt for violating that order.
You really should sit down with an experienced family law attorney, review your divorce case, and determine what the time line actually was. You also should get with that attorney to assist you at the hearing on the protective order, and to prepare for the criminal case. I may be able to assist you, if you wish.
Answered on Sep 25th, 2016 at 9:56 AM