Legal Question in Family Law in South Carolina
divorce legal/valid
My husband and I filed for divorce and he brought the papers to my home for me to sign. He had already signed them before hand. He said that he had two of his friends witness his signing. Are they legal and binding if we did not sign them at the same time in front of witnesses and he and I were alone when I signed them?
1 Answer from Attorneys
Re: divorce legal/valid
I would need to know what documents that you signed. Also, I would need to know what how far along in the divorce stage you are. If you accepted service of a summons and complaint and never appeared in Court to contest the divorce, then the divorce may be binding. You can always move to set aside the decree based on a number of factors, but this should be done as quickly as possible. There are certain time limits so I would contact an attorney immediately if I were you. Also, if you have only signed an agreement and the divorce action has not been filed, then the agreement may not be binding. You may contest the fairness of the agreement. If you think you have been taken advantage of by your spouse, you should contact an attorney immediately to review the agreement with you.