Hi Tim Blankenship here with divorce661.com. And this is just a quick video, I want to talk to you about whether or not you need to notarize your divorce judgment paperwork when you turn it in.
So, I’m just as a blanket statement I’m going to tell you yes. What I’ve done as a practice probably in the last year is just advised all my clients, regardless of the circumstances, rather is just across the board both the parties, the petitioner and the respondent should always have the final signature page notarized.
When we prepare your judgment, we will prepare a page that is just has a signature line for the petitioner, the respondent, and the judge. We also have a notary acknowledgment at the bottom so you can take it and have it notarized simply.
The reason we are recommending that you across the board, regardless of the circumstances, that both parties get it notarized, is we’re starting to see a trend, and this started about a year, year and half ago where a clerk here and there around, throughout California is requesting it even though it wasn’t normally the case.
So let me give you some scenarios, if you had an uncontested divorce where the petitioner filed the petition, the respondent filed the response, and that’s what you consider an uncontested case, then you didn’t need to have your signature notarized. And that’s because they know that both parties are involved.
The reason the notary is there is to make sure it is actually the signature of the parties and when no response is filed, in the case of a default or hybrid, where we have a default with the agreement, that again is a time is when you would need to have you signature notarized, the respondent.
Then what started happening is on long term marriages, where we are terminating spouse support, so I don’t want to get to much into the weeds on this. In a long term marriage, the general rule is that California law states there is reserved jurisdiction over the issue of spousal support indefinitely. However, many clients want to terminate that jurisdiction so there’s waiver language to do so.
So, then what happened because spouses where giving up their rights to spousal support on long term marriage, and wanted to waive it, the courts wanted to verify and by doing so asking even on uncontested cases that the parties have their signatures notarized.
So, it’s just easier across the board to tell our clients, everyone get your signature notarized, both the petitioner and the respondent on every case whether it be default, hybrid, or a uncontested case. Tim Blankenship, divorce661.com.
Hope this video was helpful, call me if you need any help with your divorce anywhere in California. You can schedule a consultation with me right off our website you can go to divorce661.com. Look for the blue button that says schedule a call with Tim and you’ll have access to my calendar and we’ll get you set up, talk to you on the phone to see if we can help you out.
