How to Properly Notarize Your Divorce Judgment & Settlement Agreement

Notarization is a vital step in finalizing your divorce judgment and settlement agreement. However, many people encounter issues with notaries that can lead to significant delays or even rejection of their documents. Understanding the process and what to watch for can save you a lot of trouble. In this blog, we’ll dive deep into the common mistakes made during notarization, what the notary needs to do correctly, and how to ensure your documents are accepted by the court.

The Importance of Notarization

When it comes to divorce judgments and settlement agreements, notarization is essential. It serves as a verification that the signatures on the documents are genuine and that both parties signed voluntarily. Without proper notarization, your documents may be deemed invalid by the court, leading to unnecessary complications.

Common Notarization Issues

One of the most frequent issues arises when notaries fail to accurately describe the document being notarized. This is critical because the description must match the actual documents submitted to the court. If a notary mistakenly writes down a different document type, it can lead to your judgment being rejected.

• Incorrect Document Description: Notaries often miswrite the description of the attached document on the notice of acknowledgment. Instead of indicating the actual document, they might mention other forms that do not require notarization.
• Assumption by the Court: When the court receives a notarized document with an incorrect description, it may assume that the wrong document has been notarized, leading to rejection.

What Notaries Should Write

To prevent issues, it’s crucial that notaries accurately describe the document they are notarizing. Here are the correct terms they should use:

• Marital Settlement Agreement
• Judgment Attachment
• Stipulated Judgment

These terms should be clearly stated in the box labeled “description of the attached document.” Any deviation can cause complications in the finalization of your divorce.

Steps to Ensure Proper Notarization

Here’s a step-by-step guide to ensure that your divorce judgment and settlement agreement are properly notarized:

1. Choose the Right Notary: Find a notary who is familiar with divorce documents. It’s beneficial if they have experience in notarizing legal documents related to family law.
2. Review Your Documents: Before going to the notary, double-check that all documents are complete and correctly filled out. Ensure that you have all necessary pages ready for notarization.
3. Communicate Clearly: When you meet with the notary, clearly explain which documents are being notarized and emphasize the importance of accurately describing them.
4. Verify the Description: After the notary fills out the acknowledgment form, review it to ensure that the description matches your documents exactly before signing.
5. Keep Copies of Notarized Documents: Once notarized, make copies of your documents for your records. This ensures you have proof of what was submitted.

What Happens If Your Documents Are Rejected?

If your divorce judgment or settlement agreement is rejected due to notarization issues, it can create significant delays in your divorce process. Here’s what you can do:

• Contact Your Notary: If you realize that the description was incorrect after leaving the notary, reach out to them immediately. They may be able to correct the mistake.
• File a Motion: If the court rejects your documents, you may need to file a motion to correct the issues. This can involve additional fees and delays.
• Consult a Lawyer: If you encounter persistent issues, consider consulting a family law attorney who can guide you through the process and help rectify any problems.

Conclusion

Proper notarization of your divorce judgment and settlement agreement is crucial to ensuring a smooth divorce process. By understanding the common pitfalls and taking the necessary steps to ensure accuracy, you can avoid unnecessary complications and delays. Always remember to communicate clearly with your notary and verify the details before signing. If you need assistance, don’t hesitate to reach out to professionals who can help guide you through this important process.

For a full-service divorce solution in California, visit divorce661.com to schedule a free consultation. We’re here to help you navigate the complexities of divorce with ease.