need to know if this document is legal

[dolcezza]

What is the name of your state (only U.S. law)? Virginia
I have a document that was drawn up by my husband's ex-wife and I would like to know if it is legal. The document is an addendum to their separation agreement, which they used as their divorce decree. In this document it states that we are to pay her $200 a month until 08/2009 for medical expenses and the document was signed by both parties. I was told that anytime you have a legal document to add as a modification to an already standing legal document that it needs to be witnessed by 2 witnesses one for each party then the document would need to be notarized. This document has the same witness for both and was not notarized. Is this document legal?

 

[Gracie3787]

What is the name of your state (only U.S. law)? Virginia
I have a document that was drawn up by my husband's ex-wife and I would like to know if it is legal. The document is an addendum to their separation agreement, which they used as their divorce decree. In this document it states that we are to pay her $200 a month until 08/2009 for medical expenses and the document was signed by both parties. I was told that anytime you have a legal document to add as a modification to an already standing legal document that it needs to be witnessed by 2 witnesses one for each party then the document would need to be notarized. This document has the same witness for both and was not notarized. Is this document legal?

Was a modification filed and the document was signed by the Judge?

If not, no it is not a "legal" enforceable document.

However, ex could file for a modification and try to have the agreement incorporated into the court order.

 

[LdiJ]

Was a modification filed and the document was signed by the Judge?

If not, no it is not a "legal" enforceable document.

However, ex could file for a modification and try to have the agreement incorporated into the court order.

If the document was incorporated into the divorce degree (added after they had signed the original agreement but before the judge signed off on everything) then it wouldn't have the judge's signature on it separately. Therefore it may be "legal" without having a judge's signature on it.

One way to find out, is to check out the file at the courthouse. If that document is part of the court file, its likely "legal". If its not part of the court file, its likely not.

However, as you said, the ex can certainly file for a modification and try to have it incorporated into the divorce.

I will add that documents do not necessarily require notarization or two witnesses.

 

[mistoffolees]

Was a modification filed and the document was signed by the Judge?

If not, no it is not a "legal" enforceable document.

However, ex could file for a modification and try to have the agreement incorporated into the court order.

It would also depend on just what the document says.

For example, if it says "the separation agreement will be modified by.....", then you are correct. It is not enforceable until signed by the judge.

If, OTOH, it is a simple agreement with no mention of the separation agreement ("X agrees to pay Y $200 per month until August, 2009), then it would probably be enforceable in small claims court since it would not be interpreted as a family court matter.

The other factor, of course, is that $200 per month from now until next August is $1,800. Trying to fight it is likely to eat up most of the savings even if they DO win. (Of course, if the don't pay it and the other side wants to go back to court to try to add it to the decree, the cost of doing so might easily add up to a large percentage of that amount, as well).

I would probably argue that this falls into the 'do what's right' category rather than the 'who would win if we fight this one all the way to the Supreme Court' issue. And the right thing is for people to honor things they've agreed to unless there's a major change in circumstances.

 

[Ohiogal]

I want to know why hubby's new wife (the OP) has been made a party to the addendum.

In this document it states that we are to pay her $200 a month until 08/2009 for medical expenses and the document was signed by both parties.

If it says hubby's new wife is responsible for the payment and it is signed by hubby and hubby's ex then it is NOT legal and NOT enforceable.

 

[CourtClerk]

I want to know why hubby's new wife (the OP) has been made a party to the addendum.

I was wondering the exact same thing....