How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Brandon M. Your Own Question

Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience:  Attorney experienced in numerous areas of law.
11182422
Type Your Legal Question Here...
Brandon M. is online now
A new question is answered every 9 seconds

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: 3 years ago.
Category: Legal
Expert:  Brandon M. replied 3 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 3 years ago.
It was a form agreeing to the divorce.
Expert:  Brandon M. replied 3 years ago.
Did the document that he submitted to the court have an original signature, or was it a photocopy?
Customer: replied 3 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 3 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 3 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 3 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?

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
Brandon M.
Brandon M.
Attorney at Law
6340 Satisfied Customers
Attorney experienced in numerous areas of law.