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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31368
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My husband would not sign our divorce papers so I was able

Customer Question

My husband would not sign our divorce papers so I was able to get the papers and have his name forged. Does this mean we are legally divorced.
Submitted: 6 months ago.
Category: Legal
Expert:  Roger replied 6 months ago.

HI - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 6 months ago.

If the name is ***** ***** the document, then it would not be a valid and legally enforceable document. That said, the forgery could/would go undetected until/unless your husband were to raise the issue and claim that the document doesn't bear his signature, etc.

Expert:  Roger replied 6 months ago.

Thus, in this situation, the divorce would be VOIDABLE......depending on whether or not your husband ever disputes the signature on the document.

Expert:  Roger replied 6 months ago.

I'm sorry, but I can't accept a phone call at the moment because I'm traveling.....but I'm happy to continue with you here.

Customer: replied 6 months ago.
He just died on Sunday I needed to know if I was entitled to his VA benefits or his pension from his job.
Expert:  Roger replied 6 months ago.

That depends on whether or not the judgment for divorce was signed off and filed with the court or not.....if it was signed off by the judge and the court entered it in the records, then you wouldn't be entitled since there's no way to undo that at this point.

Expert:  Roger replied 6 months ago.

Since he's no longer alive to contest, he can't......and you likely don't want to admit to forging a legal instrument as that could cause you some serious legal issues.

Expert:  Roger replied 6 months ago.

HI - I was checking in to see if you need anything further. If not, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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