Legal Question in Family Law in California
Property Settlement Agreement needs to be reinforced by a judge to be valid or can be singed before a paralegal or public notary? I am reaching the final stages of my divorce, the property settlement agreement. I need to know what can I do to make sure my husband won't find a back door/way to give me nothing. We decided to settle this between us still, I have good reasons to doubt his ways. After writing the Property Settlement Agreement, should we sent it to court to get a judge sign it and make sure it is valid, or we could go to a public notary or paralegal and sign it there?
2 Answers from Attorneys
Everything agreed on to conclude a divorce needs to be put into the final divorce judgment, signed by a judge and filed in the court's records for the case. Before you do that, however, it would be a good idea to have it notarized, so that if there is any dispute or games between when you reach agreement and when you go to have the final judgment entered you will have a signed contract agreeing on the terms of the property division. Although a judge CAN choose to ignore the contract if they find it to be improper or not in compliance with the law in some respect, they usually are more than happy to incorporate any reasonable and fair agreements into the final judgment.
Your question did not clarify whether or not you did disclosure exchanges which is a court requirement that must take place before you submit a judgment. Please meet with an experienced family law attorney to discuss your options.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
