April 5, 2025

Which Divorce Document Needs to be Notarized?

Filing a divorce follows a long legal process that can be complex. Both individuals must ensure that all necessary documents are properly notarized to avoid potential complications when getting a divorce.

Nowadays, whether we talk about alimony or the custody of the child, both parties must agree so that any further complications in legal processing can be eliminated. 

In the US, one of the primary reasons why people often face issues during filing a divorce is how their documents are not properly notarized. To avoid these complications during the process, you need to notarize your document so that the process can go smoothly. In this article, we will discuss the important documents one must notarize when filing for divorce.

1. Divorce Petition (Petition for Dissolution of Marriage)

This is the first document for one of the partners to formally request a divorce. This petition highlights the legal name, the grounds for divorce, and any initial requests regarding asset division, child custody, spousal support, or other matters.

 Divorce Document

In many parts of the USA, the petitioner must sign this document before the notary to ensure the request is being made voluntarily. After the document is notarized, the divorce petition is filed with the court, and the other partner is served with a copy. This is the first process of initiating the divorce. After this, further legal proceedings may follow.

2. Marital Settlement Agreement

A marriage settlement or divorce settlement agreement is a legally binding contract between spouses highlighting how matrimonial assets and liabilities will be divided among them. This document is considered vital because it contains agreements regarding child custody, visitation rights, child support, spousal support (alimony), and any other matters relevant to the dissolution of the marriage. 

Sometimes, both parties fill out the form and sign without the country’s involvement, during such times, it becomes necessary to notarize the document. Many States in the US typically ask for notarization of the Marital Settlement Agreement to avoid any legal complications in the future.

It further highlights that both parties voluntarily signed the document, highlighting their agreement on the terms and conditions. Notarizing this document ensures that both parties’ deals are legally binding and enforceable.

3. Affidavit of Service

Next, an Affidavit of Service is legal proof that the applicant sent the documents to the respondent. During the divorce, the court asks for this document to be notarized, as it ensures that the divorce papers are properly served to both parties and that they are aware of the situation. 

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4. Financial Affidavit

One of the most crucial documents of the divorce document is the Financial Affidavit, which both parties must fill out. This affidavit dialogues the financial statement of both parties, including their income, assets, debts, and expenses. 

Many states in the USA strictly follow the notarization of this document as they require accurate income and other financial data reports. 

5. Child Custody & Support Agreements

 Divorce Document Notarization

If you have a child, the process extends to filling out the Child Custody & Support Agreements form. This document is vital for both parties, as it contains the custody of the children. When filling out the form outside the court, notarize the document to avoid any legal complications. 

This agreement outlines the terms under which both parents will share custody of their children and the financial support responsibilities of each party. It highlights crucial details about legal and physical custody, visitation schedules, decision-making authority, and the amount and frequency of child support payments.

6. Spousal Support (Alimony) Agreements

Similar to child support agreements, Spousal Support (Alimony) Agreements are necessary to notarize to ensure that both parties agree to the terms and conditions of the alimony. If you are agreeing to the agreement, it means the terms set by both spouses are legally recognized and enforceable.

This agreement typically highlights the duration, amount, and conditions of payment, which can be based on factors such as the length of the marriage, income disparity, and future earning potential of both parties.

You may also like: How Mobile Notarization Apps Are Making Document Notarization Easier Than Ever?

Why is Divorce Notarization Important?

Notarization of the divorce document prevents both parties from any fraud. When a notary verifies the identity of the signer and ensures he/she understands all the terms and conditions of the form and authenticates the signing, it reduces the risk of forgery. With the rise of divorce cases across the world, the common fraud regarding alimony, child custody, and other serious documents is trending in the news.

To save yourself from such a situation, make sure not to raise the document to prevent yourself from fraud and legal proceedings. Many states in the USA require specific documents to be notarized to be considered valid. When it comes to divorce law across the world, many countries have very strict laws that might become difficult to contest in court. 

To serve as strong evidence, make sure that you always notarize the divorce document. If you and your partner live far away, you can always rely on a remote online notarization platform in the USA that ensures your comfort. You can notarize the divorce agreement and ask your partner to co-sign it without leaving your house. This online notarization facility serves those living far away and needing to relocate to get their document notarized.

Conclusion 

Divorce is a complex process that requires both the parties to sign various documents. To ensure a smooth legal process, quotes in the USA ask the parties to authorize their document. If you are agreeing on any important situation that is related to your marriage and divorce, such as child, custody, and alimony, make sure to notarise the form. If you are looking for a convenient online notarization service in the USA, we are here.

eNotary On Call is the number one online notarization platform that provides secure, safe, and hassle-free notarization services. Upload your document and meet the online notary to get the document notarized.

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