Legal Question in Family Law in Connecticut
Forms (Notary question)
My wife and I have agreed on all issues including separation of assets and liabilities. I have signed and had notarized all appropriate forms. She has signed and had notarized all forms except the dissolution agreement. She signed this form but did not have notarized. Apparently, because the form did not have an area for the notary, they did not stamp.
My wife currently lives out of state and attempting to get the form notarized and shipped back before the court date would be impossible. As she is out of state, she will not be attending the court date. Below are my questions.
1. Because her financial affidavit is signed and notarized, will this be enough, or will the agreement have to be notarized as well?
2. Is this all a moot point if she chooses not to appear? If she doesn't appear, will the judge simply grant the divorce based on the agreement regardless of the lack of notary stamp?
3. Would the judge require me to start the process from scratch again assuming the notary stamp is required?
Thanks.
1 Answer from Attorneys
Re: Forms (Notary question)
1. The agreement must be notarized. She can fax it to you and then you can tell the court you will file the original when you get it; or, she can send it overnight mail.
2. You can get the divorce without her if the agreement is notarized and you can prove that she had notice of the hearing but is willfully not attending. It would help if you had a letter from her which is also notarized stating that she knows about the hearing and is not attending.
3. You will probably not be required to start the process over. You can just ask the court for another date so you have time to get the notarized document and proof that she knows about the hearing but is not attending.
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