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View Full Version : Can I nullify my divorce if my signature wasn't witnessed but signed by a notery?


dianep
May 27, 2011, 08:49 PM
I live in Georgia my ex moved to Illinois and met me in Tennessee with divorce papers her friend and attorney drew up. I signed the papers (not a form relating to any absence of court). I now find out since no notery was available it was noterized when she returned to Illinois by a police officer that worked with her then boyfriend. I never received any paperwork in the mail or anything to appear in court. After years I spoke with her and she said she had not received anything so called the courthouse and they told her she could buy a copy of the papers that were taken to court by her friend and attorney and although she wasn't there it said she was, I wasn't and told her I didn't sign anything to waive my right to go to court and she had not signed anything not to go but remembers her friend saying he took care of it. The courthouse said a judge signed it and it shows the notary that signed when she returned to Illinois without my knowledge, i.d. or anything. We both believe along with the court house employee this is a mess and not legal and if the judge would have known the circumstance he would not of signed the papers. I don't know who to ask but believe this is a null and void divorce and was and is not legal. Are we considered still married? The attorney friend is now a judge and must of "requested a favor" since she met me and gave him the paperwork to take to court not going to court herself. We are both requesting copies from the courthouse. I realize this is odd but her boyfriend worked with the police officer and he signed it because she met me at a restaurant on a weekend on top of mount eagle and obviously felt bad there was no notery, the judge didn't realize this but the attorney knew and pushed it through as a "favor" withpout either of us in court. I am confused and need to know if we are divorced or married. It has been many years and it doesn't matter I just want the legal truth so if either decide to remarry we aren't bigamist. Thank you

AK lawyer
May 28, 2011, 12:33 AM
No, if the divorce decree was signed by the judge, despite these issues, you are divorced. It looks,however, that fraudulent activity took place. You might be able to quash it, but why would you want to?

ScottGem
May 28, 2011, 06:09 AM
Agreed. As soon as the judge signed it, you became divorced. You might have grounds to overturn the divorce because of the illegal notarization and maybe some other factors. But if you want to be divorced and you agree to the terms of the divorce why open the can of worms. You ARE divorced.

Fr_Chuck
May 28, 2011, 06:48 PM
Agree, you are legally divorced, you may hire an attorney and try to prove it was done in fraud, but the truth is, even here you admitted you signed it, and if a handwriting expert checks it, you signed it.

The notary is not going to say you were not present, so how are you going to prove it was not done in front of a witness.

Also in GA, you may sign your right to appear, but don't have to, if you don't sign your right to apperar away, but don't show up, then they go ahead with the divorce. They will show you were called and had an opportunity to appear.

Divorce court is very imformal in GA unless it is contested and fought between attorneys. The actual hearing is in a small room ( in Atlanta anyway) off the main court room with just the judge, or just a judge and a clerk, They call about 10 cases and hear the cases where all sides have agreed.

ScottGem
Jun 20, 2011, 03:18 AM
Comments on this post
dianep does not find this helpful : the answer he explained had the two partied mixed up the ex husband did not have a notary I didn't either but had an atty it's the ex that I was asking about no notary on not myself so my question still wasn't answered but thanks maybe you can go over I

First, may I call your attention to the guidelines for using the comments feature found here:

https://www.askmehelpdesk.com/feedback/using-comments-feature-24951.html

I really don't understand what you are talking about in the comment above.

I didn't mixup anything. As soon as the judge signed the decree, it became legal and official. Unless one of the signators decides to nullify the decree, its legal and valid.

There was nothing inaccurate about my answer and THREE people gave you the SAME answer. Your negative comment was inappropriate and wrong.