Forged Signature on Court Agreement

Ex-wife told me her lawyer signed her
signature on the court agreement papers
for her. From my understanding, both
parents must sign to make document
legal. Is this true? If so, what legal
actions do I have against ex-wife and
her counsel?

Asked on June 23, 2016 under Family Law, South Carolina

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Whether it's illegal or improper depends on a number of factors.
Many attorneys have it in their contracts or agreements for authority to sign certain documents and some court will permit it.  This is not a best practice, but it's not unheard of.  Most attorneys want and should want their client's signature. 
The only person who has a right to complain about the signature is the person whose signature was forged or a person who was affected by a forged document.  If your wife would not have consented to the document otherwise, then she may have a right to complain.  If she did not consent, then she needs to seek new counsel to assist her in formally revoking her consent to the document. 
If she is refusing to honor the agreement and is alleging that it is a forgery, then it also affects your rights, then you need to bring it to the attention of your attorney and the court to formally declare the contract void or valid so that your agreements do not remain in limbo.


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