Skip to main content

My question is, if your drafts/petitions are already notarized by someone to file, will the clerks at family court depute it ?

Charleston, SC |

turn you away cause they didn't notarized them?

To below: I did that hired two separate, now X attorneys, got nowhere closer in the courts, than if I had did nothing at all. My Petitions arent signed by any lawyers

Attorney Answers 3

Posted

The Clerk's should not dispute it, they will just make sure that you have the correct fee for filing, the proper form motion, if required, and assign a case number if one is not already assigned. The Clerks do not go through and read your documents typically, they are fulfilling the administrative aspect of registering documents, not making determinations of facts.

Mark as helpful

3 lawyers agree

1 comment

Dale Martin Savage

Dale Martin Savage

Posted

You can submit petitions yourself, but you cannot submit petitions that were drafted by an attorney but not signed by that attorney because they do not represent you. You would need to create this yourself or retain someone to do it for you. It sounds like you have not had much luck so far so I'd suggest a detailed discussion with a lawyer about all the issues and your expectations versus what they tell you they see as the possible outcomes and see if you can reach an agreement.

Posted

Clerks cannot proved legal adv8ce

Avvo does not allow attorneys to solicit nor is Avvo a substitute for legal counsel

So, hire an attorney to set a plan

Mark as helpful

2 lawyers agree

Posted

The Clerk(s) should not dispute them. That is not what they are there for. If you have something notarized by a licensed notary, then that is all you have to worry about.

Mark as helpful

1 lawyer agrees

Civil motions topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics