Q: Divorced by default less than 1 year husband never moved out during separation and we never notarized separation agreeme
Husband continued coming in every day getting his mail and we attended church together almost every Sunday wearing our wedding rings. We continue using same checking and savings account to this day. Our separation agreement was never notarized as required in NC. He has been refusing to sign for release of my mutual funds. What should I do?
A: If you got divorced without being separated for one year, then you and / or your spouse likely committed fraud and possibly felony perjury. While a separation agreement is required to be notarized to be valid in North Carolina, there is no requirement that you have a separation agreement at all. So unless you asked for and were granted equitable distribution in your divorce (which is likely fraudulent) - you now are likely not entitled to anything and are barred from any further remedy other that to attempt to have the divorce set aside which may or may not get you into legal trouble for fraud depending on exactly how much knowledge and participation you had in the divorce going through without one full year of separation. Your best bet is to consult with a local family law attorney who can review your situation in more detail and lay out your potential options. Best of luck.
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