Legal Question in Family Law in Oregon

If a document is notarized after I signed it, and the notary did not witness my signature or document my id, is that document valid? My wife altered documents regarding custody after we had come to an agreement and then had her mother notarize them. I am wondering where I stand in trying to take it to court.


Asked on 3/11/10, 7:50 pm

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

The document is PRESUMED value until and unless it is challenged. Such a challenge would involve taking the testimony of the signer(s) of the document and the notaries public who ostensibly witnessed the signers physically signing the document.

So what you need to do is to file a motion with the court seeking to renounce the document and obtain a judgment declaring its invalidity and/or having it judicially amended/corrected so as to accurately express intent of the signer.

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Answered on 3/17/10, 12:52 am


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