this post was submitted on 20 Dec 2024
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So... if anon took those papers and just taped them back together, would they still be legally binding if submitted?
Would this depend on the jurisdiction/country? I've never thought seriously about whether tearing up signed legal documents constitutes a refutation after they're signed. (a pile of torn-up papers doesn't carry any proof of which, either or both, parties agreed to the tearing-up). And thankfully never been in a situation where this question would arise. Also assuming 'tearing up' wasn't enough to prevent taping them back into a mostly-complete state.
https://law.stackexchange.com/questions/27773/does-ripping-up-the-only-signed-contract-form-invalidate-it
I believe filling out the divorce paperwork doesn't actually make it happen, it's just an application for divorce.
It has to be filed with the court and a hearing held to make sure it's all good and then the judge does the thing and you're divorced.
Mostly this is a rubber-stamping type situation, and the judge mostly makes sure that asset division is done fairly and any children are cared for.
If no one has objections, the money is simple and everyone agrees, and there's no children the whole thing is relatively simple.
So filling out or destroying the paperwork doesn't actually do anything.