Divorce question

[Kennyp217]

My wife and I signed divorce papers back in January of 2019. We were originally doing an uncontested divorce. The papers were signed and notarized. The attorney wasn't going to actually file the paperwork with the court until May so she could remain on my insurance for 6 more months. Now she's wanting to stick me with her car that's in both of our names and all unsecured debts that we had originally agreed to split 50/50. My ex recently won a $145,000 wrongful termination settlement last year. I allowed her to keep all of that if she would pay for her car loan and half the unsecured debts. Weve been married almost 6 years with no kids together. We both work. I'm meeting with an attorney soon. My question is, is the paperwork we signed and notarized back in January a legally binding document? I just want our original agreement honored and to be free from her.

 

[quincy]

What is the name of your state?

 

[Zigner]

In January of 2018, OP was in Alabama. I'll go with that.

The answer to the question about whether or not the signed paperwork is binding is this: It depends.


Since we don't know what the papers are, we can't say much more.

 

[Kennyp217]

In January of 2018, OP was in Alabama. I'll go with that.

The answer to the question about whether or not the signed paperwork is binding is this: It depends.


Since we don't know what the papers are, we can't say much more.
[/QU

What is the name of your state?

Alabama is the state we live in

 

[Kennyp217]

What is the name of your state?

Alabama is the state we live in

 

[LdiJ]

My wife and I signed divorce papers back in January of 2019. We were originally doing an uncontested divorce. The papers were signed and notarized. The attorney wasn't going to actually file the paperwork with the court until May so she could remain on my insurance for 6 more months. Now she's wanting to stick me with her car that's in both of our names and all unsecured debts that we had originally agreed to split 50/50. My ex recently won a $145,000 wrongful termination settlement last year. I allowed her to keep all of that if she would pay for her car loan and half the unsecured debts. Weve been married almost 6 years with no kids together. We both work. I'm meeting with an attorney soon. My question is, is the paperwork we signed and notarized back in January a legally binding document? I just want our original agreement honored and to be free from her.

Her wrongful termination lawsuit is not going to give you any leverage. No, the notarized document is not a legally binding document. All notarization does is prove that the person who signed the document is who they say they are.

The state you are in matters as to how marital assets/debts would be divided in the case that you no longer agree on how to divide them.

Think carefully about the car however. Your credit is tied into that car. Sometimes its better to bite the bullet with that kind of asset and keep it so that you can control how the debt is handled.

How much unsecured debt are we talking about? She had to pay a hefty chunk of taxes on that 145k and that may be why she changed her mind.

 

[Kennyp217]

We signed the divorce papers/ agreement in January 2019.

 

[quincy]

We signed the divorce papers/ agreement in January 2019.

You potentially can enforce the agreement you made in January.

 

[LdiJ]

You potentially can enforce the agreement you made in January.

Nothing has been filed with the court yet.

 

[quincy]

Agreements do not need to be filed with a court to be enforceable.

But the agreement that was signed would need to be reviewed in its entirety.

 

[LdiJ]

Agreements do not need to be filed with a court to be enforceable.

A court has to enforce them, and in this case they haven't even filed for divorce yet. If she withdraws her consent to an uncontested divorce then it becomes a contested divorce.

 

[quincy]

A court has to enforce them, and in this case they haven't even filed for divorce yet. If she withdraws her consent to an uncontested divorce then it becomes a contested divorce.

That alone does not void the agreement.

 

[Zigner]

A court has to enforce them, and in this case they haven't even filed for divorce yet. If she withdraws her consent to an uncontested divorce then it becomes a contested divorce.

Because we don't actually know what paperwork was signed, we can't definitively say whether or not it is enforceable.

 

[quincy]

Generally speaking, any agreement signed (and notarized) by the parties to the agreement becomes a legally binding contract.

 

[Zigner]

Generally speaking, any agreement signed (and notarized) by the parties to the agreement becomes a legally binding contract.

I disagree with this, in general. The "agreement" might have been the settlement agreement that would need to be filed with the court to be enforceable. Of course, as I've said, we really don't know what was signed.