Where to notarize divorce documents while being abroad?
I am currently in Europe and want to file for a divorce. I still have residential address in US but have no plans to visit anytime soon. As documents have to be notarized, what would be the best way to do it to make sure they're accepted? Thank you.
In addition to having your document notarized in a U.S. Embassy or U.S. Consulate; New York Law under CPLR 2016 provides that Affidvaits like the ones necessary for your divorce can be subscribed and affirmed without a notary and when "outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States".
Your attorney would need to draft proper language for this type of affirmation for inclusion in your affidavit.
CPLR 2016 affirmation is valid and enforceable.
However, I always advise my clients to have their documents notarized by a U.S. Notary, unless this is not possible.
You might find this information useful:
https://travel.state.gov/content/travel/en/records-and-authentications/authenticate-your-document/Notarial-Authentication-Services-Consular.html
The information by Mr. Victor Feraru on Avvo does not, and is not intended to, constitute legal advice nor does it create an attorney client relationship. Any and all information, content, and materials provided by Mr. Victor Feraru are for general informational purposes only. If you find my answers to your questions useful, please consider taking the time and mark it as being useful.
