Q: In Fl, can a notory notorize her live in boyfriend's divorce papers that she filled out, paidthefeefor,and turns in 4him
My soon to be ex husbands live in girlfriend (who is also the notory) filled out dissolution of marriage packet(handwritten,not typed), notorized, turned in to be filed, AND paid the filing fee. All he did was sign, she did everything else. She also put the wrong date FOR date of marriage, plus the petition is incomplete. The clerk did file it though and payment receipts are in the girlfriends name. The notory(girlfriend) isn't a lawyer and left the non lawyer section blank.
A: Florida Notary Publics are governed by specific laws and if you feel she violated them, contact the Florida Notary Commission at the State website and fill out a complaint form attaching your evidence.
A: In Fla., an unmarried significant other is permitted to notarize their partner's signature unless the notary has a financial interest in or is a party to the underlying transaction. Being a notary does NOT give him/her the right to represent her partner - only a lawyer can lawfully do that. However, merely assisting someone with filling in blanks on forms is not representation if the signer is the one who reviews and approves everything filled in. Physically delivering forms to the Clerk of Court for filing is also not representation - any courier can do that. Regarding false allegations in a petition, a response should be timely filed denying those allegations and asserting the correct info, and a counter-petition may be desired. If there is any invalidity with the petition, such as an invalid notarization or some invalidity regarding nonlawyer assistance, that would likely be grounds for a motion to dismiss, but the Court would likely give the petitioner the opportunity to amend. Of course, if you are not in full agreement with your soon-to-be ex on all terms of your dissolution, you should promptly schedule a consultation with a lawyer handling family law.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
