Unusual Situation/Question

[jilly]

State is NC

Ex re-married in 2000 and separated from 2nd husband September 2004.  Have been keeping an eye on court filings for their case but have seen nothing filed to date (i.e., equitable distribution).

Ex called last week and during the course of the conversation advised that SF was moving out of state with his girlfriend and revealed some details about the property distribution.

Ex stated that she had a paralegal friend review the property distrubtion who advised that everything looked to be in order and that it didn't need to be filed with the Court.  All that was necessary was for their signatures to be notarized.  Ex says they have both signed and had their signatures notarized.

Really could care less if ex gets screwed in this deal but am concerned because one of the provisions is SF makes house payment for the next three (3) years.  If this is not filed with the Court and he stops making the payments don't know what legal standing she will have.

Questions:

1)  Could the advice from the paralegal who (allegedly) gave advice not to file the property distribution be considered unauthorized practice of law?

2)  Should the SF stop making house payments what legal recourse would she have?  Breach of contract?

One other interesting note about the conversation: ex actually stated that she got SF to sign the property distribution by blackmail!  Ex's side of the story is that SF was having an affair with a woman at work. (He allegedly moved in with her when he moved out and that is who he is moving out of State with.).

He was an employee of the company and the woman was a contract worker.  Ex told SF she wouldn't go to their respective bosses and tell what was going on between them for his signature.  What a time not to have the tape recorder on!  She was very chatty that night and could've gotten lots of good stuff!

[socrateaser]

>Questions:
>
>1)  Could the advice from the paralegal who (allegedly) gave
>advice not to file the property distribution be considered
>unauthorized practice of law?

Unquestionably, yes.


>2)  Should the SF stop making house payments what legal
>recourse would she have?  Breach of contract?

Property divisions that are the product of a divorce must be ordered by the court or they are likely subject to reformation if they are unfair to either party. If the court were to discover that a paralegal was the advisor to the contract, that would almost certainly cause the court to toss the entire thing and start over.

>
>One other interesting note about the conversation: ex actually
>stated that she got SF to sign the property distribution by
>blackmail!  Ex's side of the story is that SF was having an
>affair with a woman at work. (He allegedly moved in with her
>when he moved out and that is who he is moving out of State
>with.).

Well, it's up to the SF to complain to the authorities. If he won't then there's no witness to the extortion, and thus no case for the DA.

[jilly]

Thanks! :)