Notarize Divorce & Custody

Divorce and custody documents often require notarization before filing with the court. Marital settlement agreements, property division documents, parenting plans, and custody modifications may all need to be signed before a notary. Proper notarization ensures the court accepts the documents.

Typical cost:$5 - $15 per signature

What You Need to Bring

Valid government-issued photo ID for all signing parties
The divorce or custody agreement (unsigned)
Property settlement documents (if applicable)
Financial disclosure forms
Parenting plan or custody agreement

Divorce & Custody Requirements by State

California

  • Marital Settlement Agreement is typically notarized
  • Property deeds transferring ownership require notarization
  • Pension and retirement division orders may need notarization
  • California is a community property state
  • Uncontested divorce forms can be filed without an attorney

California community property laws require careful division of assets. Any real property transfers as part of a divorce require notarized deeds.

Texas

  • Agreed Divorce Decree may require notarization
  • Property division documents often need notarization
  • Suit Affecting Parent-Child Relationship (SAPCR) forms
  • Texas is a community property state
  • Waiver of citation may be notarized

Texas divorce paperwork varies by county. In uncontested divorces, a waiver of citation signed by the responding spouse is typically notarized.

Illinois

  • Marital Settlement Agreement is notarized
  • Joint Simplified Dissolution available for qualifying couples
  • Property division and maintenance agreements
  • Cook County has specific filing procedures
  • Allocation of Parental Responsibilities forms

Illinois offers a Joint Simplified Dissolution process for couples without children and minimal assets. The agreement must still be notarized before filing.

Frequently Asked Questions

Does a divorce agreement need to be notarized?

In most cases, yes. Marital settlement agreements, property division documents, and waivers of citation typically need to be notarized before filing with the court.

Do both spouses need to be present at the notary?

Not necessarily together. Each spouse can have their signature notarized separately. They do not need to be in the same room at the same time.

Can custody documents be notarized online?

In Texas and Illinois, Remote Online Notarization (RON) may be available for some custody documents. Check with your attorney and court for specific acceptance of RON documents.

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