In Florida, does a Marital Settlement Agreement need to be witnessed and notarized to be valid?

Asked over 4 years ago - Ocala, FL

My ex and I had a piece of paper that stated I would take care of some things during our separation. She changed a couple of things, and on the morning she moved out, placed it on the counter and said sign this now before I leave. I glanced at it, saw what she changed and told her that the alimony and other items she changed were not reasonable, and that the judge would have to decide what would be owed. We were not in a good place in our relationship, and she knew I wanted her away, so she said if I dont sign it, she wasnt leaving. I just wanted her out, so I signed it. I never saw it again until she filed for divorce 4 months later. The trial judge threw it out, stating it was a temporary resolution to our immediate situation, not a long term agreement. The matter is now on appeal

Attorney answers (1)

  1. Stanton L. Cobb

    Contributor Level 14

    Answered . I assume your ex has appealed because she wants the things you at first objected to. This is a question you will have to pay an appellate lawyer to research for you and file a brief on it with the appellate court. The good news is that the trial judge is usually affirmed if his ruling is one that might have been made by any reasonable judge on the facts presented.

    If I were you I would call Shannon Carlysle at 352.259-8852 and tell her I sent you.

    This is for informational purposes only and is not legal advice upon which anyone should rely. Nor does it create any attorney client relationship.

    Stanton L. Cobb
    Board Certified Marital & Family Law Specialist
    Fellow - American Academy of Matrimonial Lawyers
    P.O. Box 149223
    Orlando, FL 32814-9223
    Tel. (321)972-4643
    Fax (407)374-2499
    email stancobb@flfamilylaw.com

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