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Brandon M.
Brandon M., Counselor at Law
Category: Legal
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My husband and I agree to get a non-contested divorce and he

Customer Question

My husband and I agree to get a non-contested divorce and he brought over a form that I signed off on. We decided not to go through with the divorce so I crumbled the paper up. He in return made a copy of the form and filed it in Superior Court almost two months ago without telling me. Today, we talked about divorcing again so he called superior court and told them to go away and start the divorce and he told me that we will probably be divorced by Monday because the papers had been sitting in court and once he gave the go ahead that the judge probably made the divorce final. I was not aware that he had filed the papers almost two months ago. Is it legal and how can I contest the divorce.
Submitted: 5 years ago.
Category: Legal
Expert:  Brandon M. replied 5 years ago.
Hello there:

Thank you for entrusting me with your question. You said that he brought over "a form" that you signed. Do you know what you signed?
Customer: replied 5 years ago.
It was a form agreeing to the divorce.
Expert:  Brandon M. replied 5 years ago.
Did the document that he submitted to the court have an original signature, or was it a photocopy?
Customer: replied 5 years ago.
It was a photocopy because the original copy was wrinkled up very bad that's why he had to photocopy it. He also said that he was going to get it notarized but I was under the impression that both parties had to sign off on the divorce paperwork in the presence of a notary. He says that he might not be able to stop the divorce because the divorce paperwork had been sitting in Superior Court for almost two months and once he called on today and spoke with someone over the phone and gave them the okay that it will be finalized by Monday morning. He called Superior Court just before closing. Can I contest the divorce over the phone or would I have to go down to Superior Court?
Expert:  Brandon M. replied 5 years ago.
Ok, so your signature was also not notarized, is that correct? Assuming that is the case, I see no reason for worry. The court cannot make an agreement an order unless it contains the parties' original signatures and the signature is notarized. So I do not know to whom your husband spoke or what they told him, but he clearly did not speak to a judge.

So, without an agreement, a case cannot proceed uncontested. If you can still work out an agreement with him, that would be great, but it would just go to a contested divorce if you cannot agree.

I understand that you may have follow-up questions. Let me know if further clarification is needed. Thank you.
Customer: replied 5 years ago.
Question, if he somehow he had the form notarized illegally, without he and I being in the presence of a notary, and if the divorce has been finalized, what are my options? He has a friend that works as an attorney and he also has a friend in Superior Court. A well known judge.
Expert:  Brandon M. replied 5 years ago.
Well, you have to keep in mind that is a very hypothetical situation, so it is difficult to discuss how to specifically react to a hypothetical event. Essentially, you are asking what happens when he has fabricated evidence in course of committing a criminal act. The answer is that you would file a motion to vacate the judgment based on the fraud.

Keep in mind that a notary records your personal information in their notary book, which they keep under lock in their sole possession, they sign the document and have the signator sign their book.

I am also unclear on why he would falsely notarize the existing document. As long as you are forging signatures, why not create an entirely new agreement that gives him everything he wants, then forge your signature to that?

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