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Is a separation agreement that was not Notarized or Witnessed legal in the state of VA?

Divorce 4 views 2 answers
I am aware that a separation agreement is not required, but my soon to be EX-Wife made me sign it under duress. She has received over 90% of my income since Sept 2011. I have had to live with friends, and have NO money left over. She also put a separation date of Sep. 2011, when I was deployed from June-Sep 2011, and had no intention of staying married to her when I left, but feared her moving with my boys while I was gone. I am trying to get it changed, but I am having very little luck. She is not willing to go to mediation.

Attorney Answers

2
Edward Oconnor ·
If you attack the agreement on the basis of duress, you would have to prove what that duress was at the time you signed the document. Just because the agreement was not notarized or witnessed does not make it per se invalid. You need to sit down with a family law attorney to discuss your situation.
0 upvotes
Marilyn Solomon ·
Is she receiving the money as child support or spousal support? Child support is modifiable by the Court. Spousal support may not be modifiable depending on the language in your agreement. 90% of your income sounds very high so the agreement could possibly be unconsionable depending on what "duress" or possibly fraud she used to induce you to sign it.
0 upvotes

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