Concord, NC asked in Divorce for North Carolina

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?

Related Topics:
1 Lawyer Answer
Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Jacksonville, NC
  • Licensed in North Carolina

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.