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Notarized paper

Waukegan, IL |

Will a paper notarized hold up in court? For example; my wife signed she will give me money if we divorce.

Attorney Answers 4


  1. You have a lot more to the story I am sure, and in that information will be the answer to your question. By itself, the notarized paper is not much, however, if you relied upon this notarized agreement and prepared you divorce paperwork according to this agreement, you might have a case. The key will be what reliance you (and she) if any this document created in the divorce proceedings. For example, did you agree to leave the shared home and than did so in reliance on this document?

    I would encourage you to present this paper to your divorce attorney who would be in a better position and able to ask you for facts that would better determine if the paper has any merit.

    Absent additional information, it is hard to advise further.

    Best of luck in your situation.

    This answer is marginal legal advice and does not constitute an attorney-client relationship. Every client and case is unique. The best advice is to always consult with an attorney. Free legal resources at www.ZippToCourt.com


  2. This is something in the nature of a promise, which may be considered a contract of sorts. However. it fails because there is nothing specific -- "money" could mean one cent. Moreover it used to be in Illinois that any contract used to get someone to obtain a divorce was not enforceable and void and I think it is still the same. Have a divorce attorney review your rights should you or your wife decide to proceed with a divorce.


  3. There is hardly enough information in your post to formulate an answer. First off, the fact that a document is notarized has no bearing on whether or not the underlying content of the document is enforceable. The notarizing has to do with verifying the parties involved. If you are in the midst of a divorce or divorce considerations, you need to take the document to your attorney to review and explore its content so that you'll be able to make an informed decision.

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.

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