Legal Question in Family Law in North Carolina

Signed/Notarized SAPSA in NC:

Spouse and I spent 6 months negotiating a SAPSA, signed before a notary public. Fast forward 6 months, I discovered it was misplaced, spouse learned this, spouse hired a lawyer and starting sending demands, requesting over 75% of our assets. With 10 days to respond, I consulted with a lawyer that told me that they needed to proceed as if the agreement did not exist. I asked, what happens if I am able to locate the agreement. Lawyer said, send it to me if you find it and then the matter will be resolved and the claims dismissed.

Agreement was finally found and produced. Spouse made numerous false claims including never seeing or signing it. Notaries produced logs showing this was not true.

For past 2 years I have tried to get this matter before a judge, to rule on the validity of our SAPSA. Finally, got the hearing scheduled. Went to court, had a mountain of evidence to prove our case. Judge decided he was not going to have the hearing, said the case is too complicated, and ordered mediation.

1. Is this normal?

2. Is there any way I can get my hearing on the validity of our notarized SAPSA?

Asked on 10/10/22, 5:09 pm

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

This is very normal if you are representing yourself and don't have a clue what you are doing. if so, and you continue to represent yourself, expect more of the same and ultimately very likely an unfavorable outcome. If you have an attorney, it is definitely not normal but possible there could be legitimate reasons for the delay and difficulty. Discuss the matter with your attorney and if you are not satisfied with the response consider hiring another attorney. Also one last tip: for a nominal fee you can take your Agreement to your local county Register of Deeds office and they will file a copy of it so you don't have to worry about it being lost again.

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Answered on 10/11/22, 8:10 am

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