Notarized statement vs. Divorce Decree

[sparkles67]

What is the name of your state (only U.S. law)? Ohio

Prior to my divorce, my ex and I came up with a separation agreement that we signed and notarized. In the first paragraph it states that it is valid from the date signed until the couple reconciles or files for divorce. This was signed in February of 2013 in the state of California.

Our divorce was final in December 2013. We were married in Ohio, and our divorce was final in Ohio.

My ex is now suing me in small claims court in California for money that was in the notarized agreement, but was thrown out during the divorce proceedings. He wanted money paid to him monthly for the care of animals that he refused to let me take with me. I agreed to it in the statement in the expectation that it would be addressed in the divorce. The judge removed it from the decree, so it was not court ordered.

He filed a small claims case in August and sent me an email about it, but I was never served paperwork, so the case was rescheduled for November. He won't budge on any of it and is harassing me via email (I blocked him on my phone) to pay him this money. He got everything that was outlined in the decree, and this issue was not one of them.

Is there anything I can do, or what do I need to worry about? I've googled information and the rules of small claims, but he's somehow able to continue filing these cases, so no one has looked at any of his documentation and said it's invalid. I called the court and they couldn't give me any other info other than I have to be served first.

Thank you in advance.

 

[quincy]

What is the name of your state (only U.S. law)? Ohio

Prior to my divorce, my ex and I came up with a separation agreement that we signed and notarized. In the first paragraph it states that it is valid from the date signed until the couple reconciles or files for divorce. This was signed in February of 2013 in the state of California.

Our divorce was final in December 2013. We were married in Ohio, and our divorce was final in Ohio.

My ex is now suing me in small claims court in California for money that was in the notarized agreement, but was thrown out during the divorce proceedings. He wanted money paid to him monthly for the care of animals that he refused to let me take with me. I agreed to it in the statement in the expectation that it would be addressed in the divorce. The judge removed it from the decree, so it was not court ordered.

He filed a small claims case in August and sent me an email about it, but I was never served paperwork, so the case was rescheduled for November. He won't budge on any of it and is harassing me via email (I blocked him on my phone) to pay him this money. He got everything that was outlined in the decree, and this issue was not one of them.

Is there anything I can do, or what do I need to worry about? I've googled information and the rules of small claims, but he's somehow able to continue filing these cases, so no one has looked at any of his documentation and said it's invalid. I called the court and they couldn't give me any other info other than I have to be served first.

Thank you in advance.

If what is bolded above is actually how your agreement was worded, the agreement was no longer in effect once there was a divorce filing ... but the entire content of the agreement needs to be personally reviewed to see exactly how the pet issue is addressed.

What type of animals and what ages are the pets?

 

[sparkles67]

Thank you for your time!

The exact verbiage at the top is: "these terms are effective as of February 18, 2013 and remain in effect until the couple decides to reconcile or file for divorce."

The animals are cats and ranged in ages 3-8ish at the time (unsure of exact ages). After the above statement everything in lined out in a numbered list. I only have a screenshot with me now if the initial paragraph, I have the full document at home.

 

[FlyingRon]

In Ohio ( as with many states), all notarization does is attest to the identy of the signers. It doesn't confer any other legitimacy to the document.

 

[sparkles67]

In Ohio ( as with many states), all notarization does is attest to the identy of the signers. It doesn't confer any other legitimacy to the document.

It was signed in CA. Not sure what the rule is there. He has won small claims cases before where someone signed a contract with him for services and didn't pay, so I think that's his goal here.

 

[latigo]

What is the name of your state (only U.S. law)? Ohio

Prior to my divorce, my ex and I came up with a separation agreement that we signed and notarized. In the first paragraph it states that it is valid from the date signed until the couple reconciles or files for divorce. This was signed in February of 2013 in the state of California.

Our divorce was final in December 2013. We were married in Ohio, and our divorce was final in Ohio.

My ex is now suing me in small claims court in California for money that was in the notarized agreement, but was thrown out during the divorce proceedings. He wanted money paid to him monthly for the care of animals that he refused to let me take with me. I agreed to it in the statement in the expectation that it would be addressed in the divorce. The judge removed it from the decree, so it was not court ordered.

He filed a small claims case in August and sent me an email about it, but I was never served paperwork, so the case was rescheduled for November. He won't budge on any of it and is harassing me via email (I blocked him on my phone) to pay him this money. He got everything that was outlined in the decree, and this issue was not one of them.

Is there anything I can do, or what do I need to worry about? I've googled information and the rules of small claims, but he's somehow able to continue filing these cases, so no one has looked at any of his documentation and said it's invalid. I called the court and they couldn't give me any other info other than I have to be served first.

Thank you in advance.

(Curiously, how do you know your " ex is now suing you in small claims court in California", if you haven't been served with process? Also, without having been served how did you know which court to call?)

Anyway, please carefully read what I have written below. It is a bit complicated and has to do with the ability of a California court to issue a judgment against you that would be entitled to recognition by a sister state such as Ohio.

To explain, say that he has or does file a claim against you in a California court. In order for that court to render an enforceable judgment against you he would need to have you first served with process within the borders of California. *

That is UNLESS you consent to the court assuming jurisdiction over your person by asking relief from the same court. For example filing a formal denial of his claim or a demurrer to his claim as being without merit would constitute such consent.

Consequently you have three lines of defense. First is a procedural defense having to do with California lacking jurisdiction over your person.

Secondly is the fact that by its own terms the agreement became null and void upon the filing of the action for divorce.

Third is the rule of law that any all claims either of you had against the other then and there existing, matured or non-matured, whether or not they were asserted in the divorce action, became merged into the final decree of divorce.

So what does all of this legal jargon mean to you?

It means this: Unless you are disposed to travel to California and contest such a lawsuit by your ex asserting your substantive legal defenses (2 and 3) then you can disregard any such California lawsuit.

Because if he does obtain a judgment out of California he will need to go to the considerable trouble and expense of having it registered or domesticated in your home state. At which time you can have the question of jurisdiction and the enforceability of the judgment tested in your back yard instead of his. And he can do the traveling.

The point being that Ohio is not required to give nor can it give "full faith and credit" to a judgment issued by a sister state when the court of that sister state did not have jurisdiction over the person of the judgment debtor.

___________________________________________


[*] Also, don't be misled should someone argue that California has personal jurisdiction over your person because the agreement was made and signed in that state. And as a result you could be effectively served with process in your home state.

Suffice to say for now that California's Long Arm Statute (CCP 410) would not apply to such an isolated transaction. Nor would it be "fair and reasonable as furthering fundamental social policies" as interpreted by numerous California court decisions.

 

[sparkles67]

Thank you so much for that explanation. I'll go over it again to make sure I understand it all, but to answer your question about how I know about it. He sent me a threatening email with a case #, so I got on the LA county court website and looked it up. It has the dates, courthouse, judge, and filed documents regarding the case.

So if I were to be served paperwork somehow. Would I have to file an answer or would the court then look at the case in more detail and dismiss based on the number of reasons you gave above? Sorry if that's a premature question, and if I misunderstood your explanation. My singular experience with the law was my divorce, so I'm very green.

I'm just worried because my ex has a way of getting around rules. I know that sounds crazy, but he was able to process the QDRO for my retirement without me or my lawyer ever seeing it.