Topic: Notarized Agreement- is it an official doc?
singingmyheartout's photo
Fri 12/21/07 11:28 AM
I live in Illinois. My ex and I divorced in 2002. If we want to make an agreement regarding our child (visitation and child support), but don't want to have the expense of court and attorneys fees, will a notorized document signed by both of us be legally binding? I want the agreement in writing so that he cannot say he never agreed later on down the road.

Any thoughts?

(I would go to an attorney or file within the court if I had money... but I can't afford it and I do not qualify for legal aid in my state).

Thanks.

ladyblack67's photo
Fri 12/21/07 11:29 AM
defend urself, and say ur the mom, u get the kid, and the state might get you one...

singingmyheartout's photo
Fri 12/21/07 11:45 AM
We already have a court order in place. It's 5 years old. It's complicated. He doesn't abide by it... I need his permission for something regarding our son... but can't afford the court fees and attorney to ammend the order.

itsmetina's photo
Fri 12/21/07 11:55 AM
never trust a man the government will give u a lawyer

ladyblack67's photo
Fri 12/21/07 12:13 PM
men are the ass of the human race..

carebear19622's photo
Fri 12/21/07 12:20 PM
yes we are all pigs don't trust any of us





singingmyheartout's photo
Fri 12/21/07 12:21 PM
The government will not provide an attorney for a domestic situation such as this. I am in that small population of people who makes too much for the "freebies" and government aid, but not enough to retain an attorney on my own. Also- timing is important... I don't have months and months to let this sit around in court.

Guess I'm just screwed.frown

UWannaBSpontaneous's photo
Fri 12/21/07 12:21 PM
Yes! We have finally acheived something as men!

You may all go home now as the award ceremony is over!

Goodnight World!

UWannaBSpontaneous's photo
Fri 12/21/07 12:25 PM
Acutally likely not. You likely need to look in your area for women support groups that can offer advice and support.

The Womens shelter here offers free advise for women on certain days. They are proactive in helping those that request help.

Phonebook or Directory! Now get to it.

Your court papers will likely state how any changes can be made to the agreement. Look there.

singingmyheartout's photo
Fri 12/21/07 12:34 PM
The womens advocacy here only take cases of battered women and women in trouble. I've looked into it. Court papers don't say anything either...

Chicago sucks... what can I say?

Marie55's photo
Sun 12/23/07 11:14 PM
There is a group out there called "pre-paid legal" and you can Google them. They cost $29 or $26 a month to belong to the group. Not sure if they handle these issues, but you could call them and ask. Somebody told me about them when I was having problems with bill collectors going after my dad. I didn't follow through with them as an attorney told me they couldn't do anything to my dad, (he is on welfare and has nothing) - so I didn't follow through. But might be worth a phone call to see if they can help you.

We used to be able to call the bar association, in our state anyways, and they would refer you to an attorney in your area and give you a consult for 1/2 hour at a reduced rate. May be worth calling the bar association in your area and see if they offer this service also. Good luck.

azrae1l's photo
Sun 12/23/07 11:18 PM
Edited by azrae1l on Sun 12/23/07 11:19 PM
you don't need a lawyer, but it does have to go threw court to be considered legal. i'm going threw all of this with my ex and her visitation rights. you have to file the oppropriate papers with the courts, but no courtroom action is required if both parties sign it and agree to it. if you call a lawyer they'll tell you which papers to fill out and where to get them. there will be a filing fee but it's not all that expensive.

oh yeah, if you can't afford the costs you can file another paper along with those to get the costs dropped and file for free.

Moondark's photo
Sun 12/23/07 11:21 PM
I was a notary for several years as part of my job. No, a notarized document is not a legally binding agreement. All notarizing does is verify that the people who signed it are really who they say they are.

malexand's photo
Fri 12/28/07 03:06 PM
If a lawyer can do it, you can do it, also. After estimates of $1500 to $3500 for probate costs, my sister made calls and got it all done and legalized for $300. Start by calling the courts and they should be able to tell you where to get the forms. Fill them out and pay the recorders fee and you will be legal.

andreajayne's photo
Fri 12/28/07 03:14 PM
I am currently a notary in IL. The only thing a notary does is verify that the person who signs the document is who they say they are. Most of the documents I notarize are papers involving children. Most the papers simply state that so n so is taking blah blah on vacation and has the other parent's permission to do so. They are always papers they have written up themselves.

A notarized document should hold up in court as far as confirming that so n so agreed to whatever it is you want written in it. It proves that at one time they agreed to what ever it was, and signed the paper. Just remember both of you will have to sign it and both of you will have to be there at the same time to do so.

I would just call an attorny and ask them about it. Also, a lot of attorneys do a free counciltation. You may be able to go in and ask the questions you need answers to!

HTH