Posted by Jane Rojas on 1/31/08 2:10pm
Msg #233349

Divorce Papers

Hello everyone,
I was approached by someone who has his divorce papers. The divorce took place in Mexico City, therefore the papers are in spanish. He has ask if I can notarized them, here in California.
I understand, speak, read and write spanish, but I was not sure if I can notarize this kind of documents. If so, do you mind telling me if I should use a Jurat for this?
I will appreciate your respond, thanks.

Reply by RickG/CA on 1/31/08 2:18pm
Msg #233354

I know this is the 2007 handbook but you answers may be found on page 7 and 18

http://www.sos.ca.gov/business/notary/notary_hdbk.pdf

Reply by Jane Rojas on 1/31/08 2:30pm
Msg #233360

Thanks RickG,
I checked those two pages, but is not specifically on it.
thanks for your help.

Reply by RickG/CA on 1/31/08 2:39pm
Msg #233363

I re-read your original post and thought the hand book was fairly clear on the your concerns...

"I was not sure if I can notarize this kind of documents."

FOREIGN LANGUAGE
A notary public can notarize a signature on a document in a foreign language with which
they are not familiar, as a notary public is not responsible for the contents of the document.
The notary public should be able to identify the type of document being notarized for entry in
the notary public’s journal...

"If so, do you mind telling me if I should use a Jurat for this?"

ACTS CONSTITUTING THE PRACTICE OF LAW
California notaries public are prohibited from performing any duties which may be construed
as the unlawful practice of law. Among the acts which constitute the practice of law are the
preparation, drafting, or selection or determination of the kind of any legal document, or giving
advice with relation to any legal documents or matters. If asked to perform such tasks, a
California notary public should decline and refer the requester to an attorney.

Reply by Jane Rojas on 1/31/08 2:44pm
Msg #233367

Thanks RickG.
I guess I did not make my self clear. I'm not notarizing the papers it self, I'm only notarizing his signature, since is a copied document.
This is why I mention a Jurat.
but thanks for your help

Reply by Sylvia_FL on 1/31/08 2:45pm
Msg #233370

We cannot decide which notary certificate goes on any document.

Reply by Sylvia_FL on 1/31/08 2:23pm
Msg #233358

Jane
I know you are in CA, but your message shows you are in FL????

Hmm maybe they moved Desert Springs to FL? LOL

Reply by Jane Rojas on 1/31/08 2:29pm
Msg #233359

Thanks, I always have problem with this, I actually live in Desert Hot Springs, and used to use Palm Springs as my town, and either town was associated to be in Florida....have no idea how that worked...lol.

Reply by Maureen_nh on 1/31/08 2:38pm
Msg #233362

Jane read those pages again.
But just what are you supposed to be notarizing?
I'm not going to read the whole handbook but I think all you can do is to notarize a document WHICH HE MUST PROVIDE saying that he is the holder of those divorce papers. You cannot notarize recorded docs anywhere that I am aware of. (OK everyone, jump in and say you can do it in Idaho or some other place)

Reply by Jane Rojas on 1/31/08 2:42pm
Msg #233366

Thanks Maureen,
He has the divorce papers, they are finished, meaning the divorce is complete.
but he only has a copy of them, because they were fax to him, now he asked me to notarize them.
Now I know that I can notarize his signature, which is on the papers, but I just dont feel confortable notarizing the documents to be legal.
This is why I was thinking on only notarizing the signature, with a Jurat.
what is your opinion on it?

Reply by Sylvia_FL on 1/31/08 2:45pm
Msg #233369

"but I just dont feel confortable notarizing the documents to be legal."

We don't notarize any document to be legal.
We notarize the persons signature to say that we have checked their ID and they appear to be who they say they are.
If a document is illegal, it is still illegal when the signature is notarized. A notary's seal does not legalize a document.

Reply by Linda_H/FL on 1/31/08 2:51pm
Msg #233372

Certification of the Document Custodian?

That HE certifies the papers are a true and correct copy..then you notarize his signature...can you do that in CA?

Just a guess...not in CA and really not sure how it would work with foreign documents.

Reply by Jane Rojas on 1/31/08 2:54pm
Msg #233374

Re: Certification of the Document Custodian?

Thanks everyone!!
he could not wait for my answer. He went to an attorney. The Attorney told him to go get the original papers to his country. that is the only way the papers will be acceptable for whatever he needs them.
LOL......
at least I got a bit of education today.
thanks guys!!!

Reply by Linda_H/FL on 1/31/08 2:56pm
Msg #233375

Good deal!! n/m