Denver, CO asked in Divorce for California

Q: MSA notarization in a different state then state we filled for divorce

My spouse and I are in the divorce process in California, LA county (uncontested, default), no assets, no children, etc..Now, the next step is to file MSA (martial settlement agreement) with court. We have it ready and we just need to sign it. However, signature of my spouse must be notarized and she is currently in Florida with her family visiting, so, can she notarize MSA in Florida? Is there a problem if MSA is notarized in a different state then the state we filed for divorce? Also, i just moved out of CA to Denver, so, just my spouse is CA resident. Thank you!

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: The attestation by a Notary merely shows that a duly appointed person verified the signature as being that of the person it purports to be. Notaries in the US are licensed to practice in their home state, but truthfully the requirements are about the same nationwide. (not so in foreign countries like Mex., Central or So. America- where notario publico are very much like attorneys). There should not be a problem for the signature to be notarized in a state different from the one in which the case is pending. If in doubt, contact the Court's self help office or a local Family Law attorney.

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