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My husband and I signed an agreement and had it notarized. He has a lawyer who helped him do this but I do not. I do not think that the settlement has been filed with the court. Is it still legal?
8 ANSWERS
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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The Court Cannot enforce anything that is not approved by the Court.
Answered on May 01st, 2015 at 10:55 PM
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Once you sign, generally you are bound by the agreement. However, you are not divorced unless and until the Judge signs the Decree of Dissolution of Marriage. At that point, you will be ordered to follow the agreement and the Court can enforce it. Best wishes.
Answered on Apr 30th, 2015 at 12:24 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It's actually hard to know what 'legal' means. If you mean is it enforceable, the answer is, unfortnately 'maybe.' If it becomes part of a divorce judgment or order, then it has court approval and is enforceable. If it is between the two of you only, it can be enforceable if it is fair in its inception, and fair when someone seeks to enforce it. Fair includes complete mutual financial disclosure, and your having an opportunity to consult your own lawyer. (Why didn't you? Were you being coerced?) There are other expectations as well. There is absolutely no magic in having a paper notarised, except that it is harder to deny that you signed it. Take your copy of the paper to a lawyer whom you retain, tell him or her all the facts, and get a professional review of whether the agreement can be enforced, and how to be rid of it, if necessary. Since your account sounds like you are being unduly 'pushed around,' you would do well to have a lawyer on your side.
Answered on Apr 30th, 2015 at 10:19 AM
Child Custody Attorney serving Raleigh, NC
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Palmé Law Firm, P.A.
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Barring some sort of fraud or other unusual circumstances, if it is signed and notarized it is an enforceable contract. It does not have to be filed with a court.
Answered on Apr 30th, 2015 at 9:56 AM
Yes, it sounds like your settlement is legal even though not yet filed with the Court. It should be a binding agreement. If not yet file with the Court, by your spouse, I suggest that you do the filing.
Answered on Apr 30th, 2015 at 8:16 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Cannot give an opinion without reviewing the document. You need to see an attorney ASAP.
Answered on Apr 30th, 2015 at 8:11 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Until it is ordered or signed by the court, it is not a binding agreement.
Answered on Apr 30th, 2015 at 6:57 AM
Divorce Attorney serving New Orleans, LA
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Zitzmann Law, LLC
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It needs to be files as a consent judgment first.
Answered on Apr 30th, 2015 at 2:34 AM