Signing & Notarizing Your California Divorce Paperwork
The divorce courts throughout California generally have different rules in regards to signing paperwork. These different rules can be so varied that sometimes we have to make recommendations in a blanket statement to make sure folks have the best chance of having the divorce case approved.
This transcription and video discusses what we recommend as far as signing your divorce judgment.
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 paper work when you turn it in, so just as a blanket statement what I’m going to tell you is yes.
What I’ve done as a practice probably in the last year is just advised all of my clients regardless of the circumstances rather, is just across the board both the parties, petitioner and respondent, should always have their final signature page notarized.
When we prepare a judgment, we will prepare a page that just has a signature line for the petitioner, the respondent and the judge, we also have a notary acknowledge at the bottom so you can take it and have it notarized simply.
The reason we’re recommending that you across the board regardless of the circumstance is that both parties get it notarized, is we’re starting to see a trend and this started about a year, a year and a half ago where a clerk here and there around you know 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 of course to make sure that it’s actually the signature of the parties and when the no response is filed, in the case of a default or a hybrid where we have a default with agreement, that again is a time when you would need to have your 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 too much into the weeds on this but in a long term marriage the general rule is California law states that there is reserved jurisdiction over the issue of spouse support indefinitely however, many clients want to terminate that jurisdiction so there is waiver language to do so.
Then what happened because spouses were giving up their rights to spouse support on long term marriages and wanted to waive it, the courts wanted to verify and by doing so asking that even on uncontested cases that the parties have their signatures notarized.
So, it’s just easier across the board everyone get your signature notarized, both petitioner and respondent on every case whether it be default, hybrid or an uncontested. 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 of 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 setup, talk to you on the phone and see if we can help you out 661 281 0266 and also at divorce661.com.
Thanks so much for watching, take care.