According to the New York Supreme Court, the Defendant's Affidavit (admitting service of automatic orders and non-military service, among other things) in my uncontested divorce case must be signed and notarized at a U.S. Embassy (Defendant lives in Canada). They say it is insufficient that these papers were notarized by a Canadian official notary. What is the specific statute or regulation that requires this?
A NY court document that is required to be "notarized" presumes it is to be notarized by a duly qualified US notary. That is because US notaries are subject to US jurisdiction and US laws. A Canadian notary is not. That is why you need to go to the Embassy so a notary subject to US jurisdiction and laws can notarize your document. In some cases, the Hague Convention provides for the certification of public (including notarized) documents to be used in countries that have joined the convention. Under the Hague Convention, signatory countries have agreed to recognize public documents issued by other signatory countries if those public documents are authenticated by the attachment of an internationally recognized form of authentication known as an Apostille. The Apostille ensures that public documents issued in one signatory country will be recognized as valid in another signatory country. That said, your Defendant's Affidavit for your uncontested divorce is not such a public document, so the Apostille won't help with your Canadian notary. In your case, the Defendant will have to go to the U.S. Embassy.
All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
There is no such statute. However, the court can decide to make specific rulings as to service of process before it finds that service was properly completed upon the defendant.
This is a requirement that any sworn document that is submitted to the court must be notarized by a US notary. The only US notary in any foreign jurisdiction is at an embassy or consulate.
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