Notarized paper

Asked about 2 years ago - 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. Judy A. Goldstein

    Contributor Level 20

    5

    Lawyers agree

    Answered . Not worth the paper it's printed on.

  2. David Alan Zipp

    Contributor Level 11

    5

    Lawyers agree

    Answered . 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... more
  3. Stephen Samuel Messutta

    Contributor Level 16

    4

    Lawyers agree

    Answered . 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.

  4. Eric Jerome Gold

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . 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... more

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