Legal Question in Family Law in Virginia
Divorce 2006/separation 2000
In 2000 I separated from my wife. She had a separation agreement written. We both signed it and had it notarized. She never filed it with the courts.
In 2006 she finally agreed to a divorce (we have children and it was messy)So I went with an online divorce and had all the papers written up. We had a Marital Settlement Agreement written-we both signed and had it notarized. Later it was incorporated into the divorce decree in PA.
My first question is: is the 2006 MSA agreement a court order?
My second question is: would the 2000 separation agreement play any role now?
2 Answers from Attorneys
Re: Divorce 2006/separation 2000
The answer to the role of the 2000 agreement is likely to be found in the second agreement; most marital agreements include language that revokes prior agreements between the parties.
Re: Divorce 2006/separation 2000
So, you "went with an online divorce and had all the papers written up".
Little wonder that you're now asking questions.
Nevertheless, if the Pennsylvania divorce court allowed this cyber-sourced agreement to be incorporated(but hopefully not merged) into your final decree, then, yes, it is a court order, and, no, the previous agreement would've been superceded by the one which was supposedly incorporated into your final decree of divorce.
However, to make sure, you might want to consult with a Pennsylvania lawyer who understands the requirements and procedures involved in that particular state's domestic relations laws.
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