Q: Separation agremt. writen 2007 not notorize. prty want div. 2019. live 2gethr past 2 ysr.what year agrmt legl?
After 25 years of marriage my husband and I separated. We went to a mediator that he picked out. I really should have had an attorney there, but that is done. We wrote up a separation agreement in 2007, but neither of us had it notarized o registered in the countie we lived in. I have been sick for a very long time, moved around trying to get help and eventually ended up living with my husband again as housemates. For the first year we got along fine. About 3 months ago he out of the blue said he wanted a divorce, month later me out in 30 days. The question is the sep. agmt. Since it is not notarized, is it legal or binding, even with both parties signatures? Also to date he has kept me as beneficiary of everything up till now. How does that work?
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- North Carolina
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A: Remember how along about the second or third sentence, you say you 'really should have had an attorney' - well. that is still true. You really need to go consult with a family law attorney. You got lucky the first time. The 2007 agreement is not valid if it was not notarized but if you keep rolling the dice trying to handle this yourself you are likely eventually gonna end up getting the short end of the stick.
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