Legal Question in Family Law in Virginia

Re: separation papers

The real issue here is the blackmail, or the signing of an agreement under duress. The failure to show ID, while bad practice on the notary's part, does not provide you with a basis to void the agreement. Likewise, the use of an alias or nickname is common and is not a basis upon which you can void the contract.

Duress, however, is a valid defense to the formation of a written agreement. If you can prove by a preponderance of the evidence (more probable than not) that you were under duress when you signed, the agreement may be voided by you.

Therefore, the papers are presumed valid unless you contest them. If you prove duress, the agreement would be void and they would only be valid if you ratified them.