Posted by Cari on 2/5/08 6:38am
Msg #234065

FOR THE NOTARY THAT HAD A QUESTION REGARDING DIVORCE

paperwork from mexico (I think) I believe you wanted advice on whether to notarize his paperwork or acknowledge his signature? If this is correct, I happend to stumble upon this info from ASM and thought of your question, hope its relevant. But I think you said that he eventually contacted an attorney and the attorney said to get the paperwork certified from the court of Mexico...I think the below may help for future cases...though it doesn't talk specifically of foreign documentation....hope this helps and not hurts...

Does the signer always have to sign the document in front of the notary?

No. The person may bring in a document that he signed years ago and now needs to acknowledge his signature for some reason. The document must be the original document with the original signature on it. A document requiring an acknowledgment may be brought in already signed, or it may be signed during the performance of the notarial act. The person must be present for the notarial act to admit to the notary that he made the signature on the document. If the document requires an oath or affirmation for the signer to swear or affirm that the information in the document is the truth, the document must always be signed in the presence of the notary. If the signer brings in a signed document that requires an oath or affirmation, the notary must have the person sign the document again.