California Divorce | When You Have To Notarize Your Divorce

There are  certain times that you have to notarize your divorce papers when filing your judgment in California.  So we wanted to clear up when you do and when you don’t need to have your signature notarized.

There is only one case where you will have to have a signature notarized.  And when I say case, i mean the way you proceeded through your divorce case and if you are filing an uncontested California divorce case, a True Default California divorce case or a Default With Agreement California divorce case.

Uncontested Divorce Does Not Require Notary

An uncontested divorce case is when one party files for divorce and the other party responds.   When this happens, both parties have officially entered the case.   The court knows that both parties are participating and you do not have to have your signatures notarized.

True Default Divorce Does Not Require Notary

A true default divorce case is one where you file for divorce and the other party is not involved at all.  They are not going to file a Response, they are not going to fill out any paperwork and they are not going to enter into a written agreement with you.  Your signature is not required when submitting your judgment.

Default With Agreement Divorce Does Need Notary

A default with agreement California divorce is one where you file for divorce, your spouse does not respond, but you are going to enter into a written agreement.  Yes, it is possible to enter into a written agreement without filing a response.

If you proceed with your California divorce in this manner, the Respondent will need to have their signature notarized when you submit the judgment.

The reason this is the case is because since the Respondent never filed a response, the Court wants to make sure that the Respondent is really the Respondent and not someone entirely else.

It is simply the way the court verifies that it is indeed the Respondent that signed the judgment as no response has been filed.

We are a licensed and bonded legal document preparation firm (paralegal firm) that specializes in divorce in California.

Please give us a call if you would like assistance filing and completing your divorce paperwork.

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