Disclaimer: This blog post is provided for informational purposes only and does not constitute legal advice. I am a commissioned notary public in the State of New York, not an attorney. Notary services validate signatures and verify identity, but they do not review the substance or legal sufficiency of your documents. Please consult a qualified family law attorney for advice specific to your situation, and always check with your local County Clerk or Supreme Court for current filing requirements.
Let me ask you something: when you first sat at the altar and promised to love, honor, and cherish your spouse, did anyone hand you a stack of notary-dependent forms to worry about? I certainly hope not. But if you are reading this, chances are you are already in the thick of it – navigating the paperwork involved in dissolving that marriage. And as a New York State Remote Online Notary, I can tell you that the notarial steps are one of the most important parts of the process that people tend to overlook until the very last minute.
Divorce in New York involves far more than simply telling your spouse you are done and walking into court. There are specific documents that must be prepared, signed, witnessed, and often notarized before the court will even accept your filing for processing. Each document serves a distinct purpose, and getting them wrong – or forgetting the notary seal – can cause delays of weeks or even months.
In this post, I will walk you through exactly what happens at divorce filing from the notary perspective, which documents require notarization (and which ones do not anymore thanks to New York’s latest law changes), what to expect during the notarization session itself, common mistakes I see clients make, and some frequently asked questions about Power of Attorney notarization that often come up alongside divorce proceedings.
Let us get into it.
Understanding Divorce in New York: Contested vs. Uncontested
Before diving into the notarial requirements, it is important to understand the two main types of divorce in New York, because the paperwork differs significantly between them.
Uncontested Divorce
An uncontested divorce means you and your spouse are in agreement about the core issues: division of property, spousal support, child custody, and child support. Think of it as the paperwork equivalent of a friendly handshake. These divorces are faster, less expensive, and involve fewer court appearances.
In an uncontested divorce, you typically use the Uniform Uncontested Divorce forms provided by the New York State Unified Court System. These standardized forms make the process much more streamlined, and as a notary, I process these regularly. The key documents that need attention include:
- The Summons With Notice or Summons and Complaint
- A Settlement Agreement (if you have one)
- The Affidavit of Defendant (Form UD-7)
- The Affidavit of Service (Form UD-3)
- The Certificate of Dissolution of Marriage
- Financial Affidavits, if support is being sought
Contested Divorce
A contested divorce is what happens when you and your spouse disagree on one or more terms. This triggers a more complex legal process with additional filings, discovery, potentially multiple hearings, and sometimes a trial. Contested divorces involve the same core documents as uncontested ones, plus additional pleadings, motions, and discovery documents. Many of these documents also require notarization or sworn affirmations.
Whether your divorce is contested or uncontested, the notary plays a role in ensuring that the signatures on your paperwork are authentic, that you are who you say you are, and that you are signing voluntarily.
The Key Documents: What Needs Notarization and Why
This is the heart of what I want you to take away from this article. Let me break down each document, explain what it does, and tell you whether it needs a notary seal.
1. Settlement Agreement (Separation Agreement)
The Settlement Agreement is arguably the most important document in your divorce. This contract spells out everything: how assets and debts will be divided, how much child support and spousal support will be paid, who gets custody and visitation, and even who keeps the family car and the family dog.
Under New York law, a separation or settlement agreement is a contract, not just an affidavit. This means it still requires notarization to be properly recorded. In fact, New York Domestic Relations Law requires that a separation agreement be acknowledged before a notary public if you plan to record it with the County Clerk’s Office. Even if you are not recording it formally, notarization provides strong evidence that both parties signed the document willingly and that the signatures are genuine.
Both you and your spouse should sign the Settlement Agreement in the presence of a notary. I always recommend that both parties sign together in the same session, though this is not strictly required as long as both signatures are properly notarized. In fact, it is quite common for spouses to sign from different locations – perhaps one of you is already living in a new apartment while the other is still at the marital home. In those cases, we simply conduct two separate notarization sessions. I will notarize your signature, and your spouse can go to any notary (or schedule their own RON session with me) to have their signature notarized. The document is the same regardless of where each signature is taken. Just make sure both signatures are notarized before filing.
2. Affidavit of Defendant (Form UD-7)
If your spouse is agreeing to the divorce without contest, they will sign an Affidavit of Defendant. This form shows the court that your spouse has received the divorce papers and does not dispute the divorce or the terms you have agreed upon.
Here is where things have changed recently: as of January 1, 2024, New York State no longer requires notarization for affidavits in civil cases, including divorce. Governor Kathy Hochul signed legislation amending CPLR Section 2106, allowing litigants to submit affirmations under penalty of perjury without a notary seal. However, many courts still accept notarized affidavits, and some clients prefer to have them notarized anyway for extra assurance. If you are using the Affidavit of Defendant, you can technically submit it with a simple affirmation, but the old notarized version remains perfectly valid and will never be rejected.
3. Affidavit of Service (Form UD-3)
This document is signed by the person who served your spouse with the divorce papers. It is proof that your spouse officially received the Summons and Complaint. The server fills out the affidavit and attests that they delivered the papers in person on a specific date and time.
Just like the Affidavit of Defendant, this form no longer strictly requires notarization under the 2024 law change, since the server can submit an affirmation of truth instead. But again, notarization is still accepted and often preferred by court clerks who have been doing this for decades. If your process server brings you a notarized Affidavit of Service, there will be no issues at the court.
4. Financial Affidavits
If you or your spouse are seeking child support or spousal maintenance, New York requires you to submit Financial Affidavits. The Short Form Financial Affidavit is used when annual gross income is under $50,000, while the Long Form is required for incomes above that threshold. These sworn statements detail your income, expenses, assets, and liabilities.
These affidavits can be submitted as affirmed documents under the new law, but many clients and attorneys still notarize them for the extra layer of formality. As a remote online notary, I have notarized hundreds of these financial affidavits, and I can tell you that accuracy matters more than the notary stamp. Make sure every number is correct before you sign in front of me, because the court relies on these figures to calculate support obligations.
5. Certificate of Dissolution of Marriage
This is a short form that states the marriage has been dissolved and that the parties have agreed to the terms of separation or divorce. It is a relatively simple document, but it must be filled out correctly. This form does not require notarization, though it does need your signature.
6. Power of Attorney Documents
Believe it or not, divorce often involves Power of Attorney documents. I will cover these in much more detail in the section below, but let me just flag that they are absolutely required to be notarized and witnessed under New York law.
What Happens at the Notary Session
So you have decided to get your documents notarized. Great! But what does the actual session look like? Let me walk you through it step by step, whether you are doing it in person or remotely online.
Step 1: Identity Verification
Before I can notarize any signature, I must verify who you are. In an in-person session, this means you present a valid government-issued photo ID such as a driver’s license, passport, or state identification card. The ID must be current and bear a photograph.
In a Remote Online Notarization (RON) session, identity verification is a two-step process. First, you show your physical photo ID to the camera so I can inspect it in real time. Then you answer a series of knowledge-based questions – questions about yourself that only you would know, drawn from your credit and public records. This dual method satisfies New York’s identity verification requirements for remote notarization.
Step 2: Presenting the Documents
Please bring your documents unsigned. This is the number one mistake I see: people show up with papers already signed, and then I have to ask them to re-sign everything because the notarial act requires me to witness the actual signature. Fill out all the blanks, check all the boxes, and make sure everything is complete, but leave the signature lines blank until the session begins.
I will review each document briefly to make sure it is complete and contains a proper notarial certificate – the paragraph at the bottom where you state that you are signing under oath and where the notary seal and signature go. If the document is missing a notarial certificate, I may need to add one on your behalf.
Step 3: Signing and Swearing
You will sign each document in my presence. For RON sessions, you sign while on video with me, and I can see you signing in real time. After signing, you may be asked to affirm or swear that the contents of the document are true and correct to the best of your knowledge. This is the “oath” part of the notarization process.
Step 4: Notarial Certificate Completion
I will then complete the notarial certificate on each document, recording the date, the type of notarial act, the location (for RON, the county where you are physically located at the time of the session), and affixing my official electronic notary seal and signature.
Step 5: Journal Entry
I will record the notarization in my official notary journal. For RON sessions, this includes a copy of your photo ID, a copy of each notarized document, and an audio-visual recording of the entire session. Under New York law, the RON recording must be preserved for at least two years, and the notary journal itself is kept for the duration of my commission. These records can be produced if the validity of any signature is ever challenged, which is one of the nice benefits of remote notarization – there is a complete video record of every session.
Remote Online Notarization: The Modern Option
Remote Online Notarization became permanently available in New York in 2022, and it has transformed the way people handle document notarizations. Here is how it works and why many of my divorce clients prefer it.
How RON Works
- You schedule an appointment through my online booking system
- You receive a secure video conference link
- At the appointed time, we connect via video on a RON platform approved by the New York Department of State
- You show your photo ID to the camera
- You answer identity verification questions
- You sign your documents in real time while I watch
- I complete the notarial certificates electronically
- The notarized documents are returned to you as digital copies
Advantages of RON for Divorce Filers
- Convenience: You do not need to leave your home, office, or even your couch. This is especially helpful during emotionally stressful times.
- Flexibility: Sessions can be scheduled outside normal business hours, accommodating work schedules and childcare obligations.
- Speed: Documents are often returned the same day, whereas in-person notarization at a bank or UPS Store can involve waiting rooms and long lines.
- Access: If your spouse is in another county or even another state, both of you can notarize the same agreement during the same session from separate locations.
- Record keeping: RON sessions are automatically recorded and stored, providing a clear audit trail.
Requirements
To participate in a RON session, you need a device with a camera and microphone (most smartphones, tablets, and computers work), a stable internet connection, and a valid government-issued photo ID. The session typically takes 10 to 20 minutes, depending on the number of documents.
Common Questions Clients Ask About Notarizing Power of Attorney
Divorce and Power of Attorney notarizations often overlap in my practice. When couples are separating, they frequently need to execute Power of Attorney documents for themselves and sometimes for elderly parents or aging relatives. Here are the questions I hear most often.
What Is a Power of Attorney, Exactly?
A Power of Attorney (POA) is a legal document that gives someone else – called the “agent” or “attorney-in-fact” – the authority to act on your behalf in financial, legal, and property matters. You, as the person granting the power, are called the “principal.” In New York, the most commonly used form is the Statutory Short Form Power of Attorney, found in the General Obligations Law.
How Is a Power of Attorney Different from a Divorce Settlement?
A divorce settlement resolves the terms of your marriage dissolution. A Power of Attorney lets someone make decisions for you when you cannot. During a divorce, you might create a POA to allow your child or a trusted person to handle your affairs while you are focused on the legal process. Or you might create one for an elderly parent so that you can manage their finances during their own medical or administrative matters.
What Does the Notarization Involve?
New York law has specific execution requirements for Powers of Attorney. Under the current statute:
- You must sign the Power of Attorney in the presence of two witnesses, neither of whom is named as an agent in the document
- One of those witnesses can be the notary public
- The notary then notarizes your signature with a formal acknowledgment
So when you come to me for a POA notarization, I need at least one additional witness to be present. In an in-person session, that witness sits right there with us. In a RON session, I count as one of the two required witnesses, so you still need one additional person physically present at your location to serve as the second witness – they cannot join remotely. That person simply needs to be an adult who is not named as an agent in the document and not a family member receiving gifts under it.
What If I Am Getting a Power of Attorney for My Elderly Parent?
This is perhaps the most common scenario. Here is what you need to know:
Your parent must be mentally competent at the time of signing. This does not mean they need to be in perfect health. It simply means they understand what they are signing and who they are appointing as their agent. If your parent has advanced dementia or is in a hospital bed and unable to communicate, a POA may not be appropriate. In those cases, you would need to pursue guardianship through court.
For elderly parents, I recommend:
- Using the current Statutory Short Form Power of Attorney (the form was updated under the 2021 law changes)
- Having two witnesses available, neither of whom is the agent or a family member receiving gifts under the POA
- Completing a Gifts Rider if you want the agent to be able to make gifts on the parent’s behalf (for example, to help pay for elder care or to make tax-free gifts to family members)
- Notarizing the document before the parent experiences any further cognitive decline
Can I Use a Remote Online Notarization for My Parent’s Power of Attorney?
Absolutely! Remote Online Notarization works perfectly for Power of Attorney documents, provided your parent is able to participate in the video session, show their ID, and sign the document in real time. Many of my clients schedule RON sessions from their parents’ homes, which is much more convenient than traveling to a bank or notary office. The parent simply needs to be comfortable in front of a camera, and the witnesses need to be available at the location.
What About the Gifts Rider? Is It Still Separate?
Under the updated law, you no longer need a separate Statutory Gifts Rider document. Gifting provisions are now included directly in the modifications section of the Statutory Short Form Power of Attorney. However, you still need to initial the gifting provision in the document, and you may want to specify the types of gifts in the modification section for clarity. For example, you can note that the agent may make annual gifts up to the federal gift tax exclusion amount ($18,500 per recipient for 2025) without exceeding the parent’s reasonable needs. I recommend specifying a dollar amount in the modification section rather than just saying “tax-free gifts,” because it makes the document easier for banks to accept without questions.
How Long Does a Power of Attorney Last?
A Power of Attorney in New York is “durable” unless you specify otherwise. This means it remains in effect even if you become incapacitated, ill, or mentally impaired. It only ends when you revoke it, when you die, or when a court sets it aside. Some people execute a “springing” Power of Attorney, which only becomes effective upon a specific event, such as a doctor certifying that you lack capacity, but the durable version is far more common and generally more practical.
Health Care Proxies Are Different
One quick clarification I often hear asked: a Power of Attorney handles your financial and legal affairs, but it does not handle health care decisions. For that, New York uses a separate document called a Health Care Proxy. A Health Care Proxy does not need notarization – it only requires a witness. People often execute both documents at the same time, but they are legally distinct. If you want to make sure someone can handle your medical decisions, ask your doctor or attorney about a Health Care Proxy form.
What If My Parent Already Has a Power of Attorney?
If your parent already has a validly executed Power of Attorney, you do not need a new one unless the current POA uses an outdated form or does not include the provisions you need. Powers of Attorney executed under the prior law remain valid, but if they lack the two-witness requirement introduced in 2021, I recommend executing a new one to avoid any potential challenges from banks or financial institutions.
How Much Does It Cost to Notarize a Power of Attorney?
The maximum statutory fee for a standard notarization in New York is $5 per signature, though many notaries charge different rates for remote online sessions. RON sessions typically carry a higher fee because they involve additional technology and record-keeping requirements. Always ask about pricing upfront, and remember that the cost of a properly executed Power of Attorney is far less than the cost of a guardianship proceeding.
Common Notarization Mistakes I See at Divorce Filings
In my years as a notary, I have seen the same errors repeated over and over. Let me help you avoid them:
Mistake 1: Signing Before the Notary
I cannot stress this enough: do not sign your documents until you are actually in front of the notary, whether in person or on a video call. The notarial act is about me witnessing your signature. If you sign beforehand, I cannot legally notarize it without you initialing a new signature.
Mistake 2: Forgetting Photo Identification
Show up without a valid, current, government-issued photo ID, and we cannot proceed. I do not mean your library card or your gym membership. I mean a driver’s license, passport, military ID, or state-issued identification card. Expired IDs may be accepted in some cases, but current IDs are always safest.
Mistake 3: Incomplete Documents
Please fill out every blank on your forms before the notarization session. I am not a paralegal or attorney – I validate signatures, I do not fill out legal forms. If you bring me half-finished documents, I will ask you to complete them before signing, which takes extra time and may cause awkward pauses during the session.
Mistake 4: Not Reading the Documents Before Signing
I always tell my clients: a notary does not guarantee that the content of your documents is correct. I simply confirm that you signed them willingly and that you are who you say you are. Read your Settlement Agreement. Read your financial figures. Make sure the custody terms are what you agreed to. Once you sign, you are bound.
Mistake 5: Confusing Affirmations with Affidavits
Now that New York accepts affirmations in civil cases, some clients are confused about when they need a notary and when they do not. As a general rule: if the document says it has been “subscribed and affirmed under the penalties of perjury,” you probably do not need a notary. If the document includes a notarial certificate or says “sworn to before me,” then a notary is still expected. When in doubt, bring it to a notary. A notarized document will never be rejected, and the peace of mind is worth it.
Mistake 6: Using Outdated Power of Attorney Forms
If you are executing a Power of Attorney, please make sure you are using the current Statutory Short Form that includes the two-witness requirement. Forms from before 2021 will not have the proper witnessing provisions, and banks sometimes reject them. I keep current forms available for my clients and can provide them during the session.
Tips for a Smooth Divorce Notarization Experience
Here is my advice for making the whole process go as smoothly as possible:
- Schedule your appointment well in advance, especially during peak season (fall and early spring tend to be busy)
- Gather all of your documents and organize them in the order you plan to sign them
- Bring a valid photo ID and, if applicable, witnesses for Power of Attorney documents
- Read and review every document thoroughly before the session begins
- If you are using RON, test your camera, microphone, and internet connection beforehand
- Have a pen ready for in-person sessions (though many notaries, including myself, provide one)
- Ask questions during the session – I am happy to explain the notarial process, though I cannot give legal advice
- Request copies of the notarized documents before leaving the session or ending the call
- If you plan to change your name back to your maiden name as part of the divorce, use your current married name on all documents at the time of notarization, since that is still the name on your ID. You can list your former name as well on forms that ask for it, but the notary must match your signature to your current photo ID
- The court filing fee for an uncontested divorce is $210 for the initial index number, and a separate $125 calendaring fee is paid when you file the remaining papers at the Supreme Court. Some people find it helpful to have the notarized Settlement Agreement in hand before paying any filing fees, since the court may not accept a Summons without it
A Final Word from Your Remote Online Notary
Divorce is never easy. I have seen the paperwork behind many marriages ending, and behind every set of documents is a real human story. My job is to make the notarial part of the process as painless and straightforward as possible, so you can focus your energy on what matters – building your next chapter.
Whether you choose to come to me in person or sit in the comfort of your own home for a Remote Online Notarization session, I am here to help. I handle all divorce-related documents with care and confidentiality, and I pride myself on being efficient, professional, and compassionate through the entire process.
If you have questions about whether your documents need notarization, what ID is acceptable, or how RON works, please do not hesitate to reach out. I would be glad to help you get your divorce documents signed, sealed, and ready for filing.