Legal Question in Family Law in Illinois
I'm currently going through a divorce. My wife wrote a post nuptial agreemnet herself. The post nuptial agreement was never notarized, even though there is a space for a public notary. There is a blank line next to where it says public notary. I was thinking about hiring a signature specialist, because I'm almost positive the signature next to my printed name, my wife forged. Two questions. First, is this post nup even valid without a public notary, because there is a blank line next to it? Second, if the signature came up as forged, or traced can my wife lose the whole house because she forged my signature?
2 Answers from Attorneys
Even if the prenup is tossed, then the division follows the factors in the IMDMA - which is an equitable division of property. Not enough info to say one way or the other. Talk to a family law attorney in your area for specific guidance.
The thing I don't understand is how you could be "almost positive" that your wife forged your signature? You either signed it or you didn't. Why do you need an expert to tell you what you should already know? You can testify that it is not your signature on the document and without the Notary, it is your word against your wife's. Don't know how a court would rule on the issue of the house but if she loses the house, it won't be because of a "forged" signature. As the above attorney says, it will be based on the factors in the IMDMA.
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