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Was not present at Notarization of separation document.

Asked Mar 20, 2012, 02:26 PM — 7 Answers
My husband under direst had me sign a separation agreement and stating he would not allow me to see my daughter if I did not sign this paper. Well the document was notarized but I did not sign this in front of a notary. I believe he had a friend who is a Notary validate my signature when I was not present and never saw a notary. Is this still a legal document if I did not appear in front of a notary or sign a ledger or anything... Please help

7 Answers
ballengerb1's Avatar
ballengerb1 Posts: 25,644, Reputation: 11296
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#2

Mar 20, 2012, 03:17 PM
Notarized documents are not legal if the notary broke the law and signed with you not present. You should report the notary. Where are you located? Is the considered a common law or civil law country?
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dianealdrich's Avatar
dianealdrich Posts: 6, Reputation: 10
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#3

Mar 20, 2012, 04:30 PM
Located in the state of Utah.
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ballengerb1's Avatar
ballengerb1 Posts: 25,644, Reputation: 11296
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#4

Mar 20, 2012, 04:51 PM
Here are the top 10 reasons a notary screws up in Utah. Your husband's notary messed up several and should be reported to your Lieutenant Governor's Office.
1. Leaving out the notarial language
2. Confusing the notarial acts
3. Misinterpreting electronic signature/notarization
4. Failing to require Personal Appearance
5. Failing to name the appearing signer
6. Adopting policies contrary to UCA 46-1-8
7. Failing to require proper I.D.
8. Refusing documents solely for their content
9. Leaving the notary seal and certificate with the employer upon termination of
employment
10. Executing “materially incomplete” certificates
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AK lawyer's Avatar
AK lawyer Posts: 9,951, Reputation: 4217
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#5

Mar 20, 2012, 05:22 PM
Quote:
Originally Posted by ballengerb1 View Post
Here are the top 10 reasons a notary screws up in Utah. Your husbands messed up several ...
#4, obviously. But what else?
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ballengerb1's Avatar
ballengerb1 Posts: 25,644, Reputation: 11296
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#6

Mar 20, 2012, 06:06 PM
#7 no ID because she was not present. Maybe #10 too. It only takes one to be invalid.
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AK lawyer's Avatar
AK lawyer Posts: 9,951, Reputation: 4217
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#7

Mar 21, 2012, 05:00 AM
Quote:
Originally Posted by ballengerb1 View Post
#7 no ID because she was not present. Maybe #10 too. It only takes one to be invalid.
True.
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Fr_Chuck's Avatar
Fr_Chuck Posts: 72,627, Reputation: 37036
Expert
 
#8

Mar 21, 2012, 05:11 AM


So file a motion in court to have what ever this document was over turned on those grounds.
Next why do you not have custody of the child, file for that also.
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