Question about Notarized Separation Agreement

[starting over]

Separation agreement from Maryland, currently living with children in Kentucky. Im sorry if this is a question that has been answered before, but Im kind of confused. My STBX & I signed a separation agreement in Maryland, but only had it notarized. My understanding is, this is not something that gets filed with the court until the divorce is filed and then somehow is incorporated into the divorce. We have to be legally separated a year in order to file for divorce. From what I just read, it's not a binding document, is that true? We basically divided our entire lives in that agreement, including the childrens custody and our furniture, cars, etc. If the document is not binding, can he decide at anytime that he wants any of the items agreed to be my possessions back? I know that the agreement for child custody, support and visitation can be modified by a judge at anytime. But, Im wondering now about furniture, insurance (both medical & life) and the cars. Can you please try to clarify this for me? Thank you.

 

[LdiJ]

Separation agreement from Maryland, currently living with children in Kentucky. Im sorry if this is a question that has been answered before, but Im kind of confused. My STBX & I signed a separation agreement in Maryland, but only had it notarized. My understanding is, this is not something that gets filed with the court until the divorce is filed and then somehow is incorporated into the divorce. We have to be legally separated a year in order to file for divorce. From what I just read, it's not a binding document, is that true? We basically divided our entire lives in that agreement, including the childrens custody and our furniture, cars, etc. If the document is not binding, can he decide at anytime that he wants any of the items agreed to be my possessions back? I know that the agreement for child custody, support and visitation can be modified by a judge at anytime. But, Im wondering now about furniture, insurance (both medical & life) and the cars. Can you please try to clarify this for me? Thank you.

Well...he could try to ignore that and ask for more when the divorce is actually filed. However you do have that document showing what he agreed to previously, so that will be helpful evidence if he does, particularly if it was a fairly equitable division. He can't just demand back things from you that are in your possession, he could only ask the court to order that they become his property.

 

[cbg]

You are correct that having an agreement notarized does not make it legally binding.

I am a notary. At least in my state (and I have no reason to believe that it's different anywhere else) having a document notarized means ONLY that the signer(s) of the documents are, indeed, who they purport to be. It does NOT have anything to do with the legality or enforceability of the document itself.

 

[starting over]

Im really confused now. Why would a state require two people to be "legally separated" for a year prior to getting a divorce if the document doesn't amount to a hill of beans? We were going to file the document with the court, but they told us that it doesn't get filed until the divorce is filed. Granted, it has helped having a "reference tool" since the separation. As we discussed when deciding to separate, the more we agree to in writing in the agreement....the less we will have to argue about later. So, I guess I will just keep it to myself that there is alot of flaws with it and just sit by and let the time pass. Thanks for your responses.

 

[cbg]

I didn't say the document was worthless. I said that having it notarized does not give it any more or less legal standing than if it were NOT notarized.

It's the document itself that matters; not whether the signatures were notarized.