Alabama State Appellate Court Upholds Electronically Executed Agreement


Recently, the Court of Civil Appeals of Alabama upheld an agreement executed electronically, overturning a trial court’s order invalidating a divorce agreement on the grounds that the agreement filed with the court was executed electronically. Ex parte Mealing, No. 2120973, 2013 WL 5776053 (Ala. Civ. App. Oct. 25, 2013). In this case, a husband asked the trial court to vacate a divorce agreement he had willingly entered without legal representation, claiming that his wife’s attorney orchestrated an agreement more favorable to the wife. The trial court decided that the divorce agreement was invalid because it was signed electronically. The appellate court disagreed and held that the trial court erred in relying on an alternative basis—one not even presented by the husband—in an attempt to create for itself an opportunity to render equitable judgment of the matter. The court explained that relevant court rules allow for electronic signatures, and that there was no contention from the husband that the electronic signatures were shams or false. The appellate court directed the trial court to set aside its order and reinstate the electronically signed divorce agreement.

Published In: Civil Procedure Updates, Family Law Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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