Posted by sjp on 6/5/08 9:19am
Msg #250082

Husband/Wife - Court Order - needs to sign separate

First time for this one. Signing is scheduled for tonight. Wife informed me that her husband and her need to sign separately due to a Court Order. She will sign first, leave the room and the husband will then sign. The signing will occur in the same location on the same day. Do I need to attach a separate Acknowledgment(s) for the husband, since they are not both in front of me at the same time? Thank you for your help.

Reply by MW/VA on 6/5/08 9:42am
Msg #250084

I don't see the need for a separate ack. They are signing at the same place, same date.
Sounds like there might be a Protection Order in place. They could even be signing in different locations (assuming it's the same city/venue) & if the date is the same there should be no issue.

Reply by BrendaTx on 6/5/08 9:44am
Msg #250085

I would attached an extra ack. Why not? n/m

Reply by sue_pa on 6/5/08 9:52am
Msg #250091

I would want additional fee - you are going to be going through the paperwork 2 times and it certainly will take longer.


Also, I've been in these situations and sometimes it's okay and sometimes it is total he!!. I would call and speak to both husband and wife ahead of time and make certain they understand this will not turn into a child support/visitation situation - it will not turn into a fight over what bills are paid and who gets how much of the cash out, etc. The last one like this that I completed the wife told me they didn't speak - they sent text messages to deal with the kids, etc. When I got there they were in the same room and were just the nicest people you could ask for. I've had others where they don't have their 'issues' worked out yet and use this as another opportunity to fuel the fire - especially if just one has been dealing with the lo and not communicating with the other spouse. Had one a few weeks ago and the first thing out of her mouth was she wanted to see where she had 3 days to cancel and where it showed she was receiving $48,??? cash from me that day. It was not very pleasant when I informed her she had ZERO days to cancel as she was signng a deed and no where did it show she was getting any money - husband was receiving $25,??? cash out. Not a pleasant situation.

I would do separate acks although I'm fairly certainly you could use just one.

Reply by sjp on 6/5/08 10:02am
Msg #250093

Thanks for all your help!

Reply by Gary_CA on 6/5/08 11:21am
Msg #250119

I would absolutely do seperate ACKS...

Someone may end up proving in a court of law that they were never together (if there's a question of a violation of the order or something)... then you have to explain how they were there one at a time but the same hour, yada yada yada.

If you have seperate acks you can say "I did seperate acks because I signed them one at a time."

Not likely to come up, but if it does you'll be glad you did... I'm not sure of the technicality of "appeared before me" in your affidavit if it's on the same one... it's an itty bitty detail... but we're all certain that seperate ACKS would be legal.

If it gets ugly RESPECT YOURSELF AND LEAVE... not just if it gets dangerous, if it just gets more than a little uncomfortable... you don't need that crap and they'll grow up quick if you don't allow it.


FWIW... good luck...

Reply by Gerry_VT on 6/5/08 11:33am
Msg #250124

I would note in my journal whether or not the two saw each other, in case someone later claims that one of the parties was an imposter.

California notaries have no flexibility in the wording of the certificate. Since I do, I would use two certificates, the first reading "this 5th day of June, 2008, at 5:08 in the afternoon" and the second reading "this 5th day of June, 2008, at 5:13 in the afternoon. . . ."

Reply by PAW on 6/5/08 12:39pm
Msg #250142

Since the notarial act must be completed in front of the signer, per FL statutes (FSA 117.107(9)), unless both signers are present at the time of notarization, different acks/jurats would be required if this were to take place in the Sunshine State.

Section 117.107(9) of the Florida Statutes provides in part:

A notary public may not notarize a signature on a document if:
The person whose signature is being notarized is not in the presence of the notary public at the time the signature is notarized. Any notary public who violates this paragraph is guilty of a civil infraction, punishable by penalty not exceeding $5,000, and that conduct constitutes malfeasance and misfeasance in the conduct of official duties. It is no defense to the civil infraction specified in this paragraph that the notary public acted without intent to defraud. A notary public who violates this paragraph with the intent to defraud is guilty of violating s.117.105.

Reply by sue_pa on 6/5/08 1:02pm
Msg #250146

As always, everyone should know and follow their own state's requirements.

PA does not have a requirement such as Florida and our state assoc. president has said that it is naturally best to complete it in front of your signer but not a requirement - "as soon as possible" was his exact quote when I asked this very question (after my notary paranoia set in a few years ago from reading these boards).

Reply by WDMD on 6/5/08 1:08pm
Msg #250147

"As always, everyone should know and follow their own state's requirements. "

Ain't that the truth.