Do Divorce Forms Need to Be Notarized in New York?

Quick Answer: Yes, most divorce forms in NY require notarization, including all affidavits, the settlement agreement, and sworn statements. The court will reject forms that need notarization but don’t have it.

Forms That MUST Be Notarized

1. All Affidavits

• Affidavit of Defendant (UD-6)
• Affidavit of Plaintiff (UD-7)
• Affidavit of Service
• Any supplemental affidavits

2. Sworn Statements

• Removal of Barriers statements (UD-4 and UD-5)
• Statement of Net Worth (UD-8)
• Child Support Affidavit

3. Settlement Agreement

• Both spouses must sign before notary
• Each signature requires separate notarization
• Can be done together or separately

Forms That DON’T Need Notarization

• Summons with Notice (UD-1)
• Verified Complaint (UD-2) – has verification clause but doesn’t need notary stamp
• Note of Issue (UD-9a)
• Most cover sheets and administrative forms

Check each form – if it has a jurat clause (“Sworn to before me this ___ day…”), it needs notarization.

What Is Notarization?

Notarization involves:

1. You appear in person before a notary public
2. Show valid photo ID
3. Sign document in notary’s presence
4. Swear or affirm the contents are true
5. Notary completes certificate, stamps, and signs

Never sign before seeing the notary! Your signature must be made in their presence.

Where to Get Documents Notarized in NYC

Free or Low-Cost Options:

• Your bank (usually free for account holders)
• Credit unions
• Public libraries (some branches)
• Court Help Centers
• Legal aid offices

Paid Services:

• UPS Stores: -15 per signature
• FedEx offices
• Private notary services
• Mobile notaries (come to you): 0-150

Remote Online Notarization

NY now allows Remote Online Notarization (RON):

• Done via video call
• Notary must be RON-certified
• Requires webcam and internet
• Identity verified electronically
• Digital signature and seal
• Costs 5-50 per document

Services offering RON: Notarize.com, Proof.com, NotaryCam

What to Bring to Notarization

Required:

• Valid government-issued photo ID (driver’s license, passport, state ID)
• Unsigned documents
• Payment if using paid service

Acceptable IDs:

• Driver’s license or state ID
• US passport
• Military ID
• Permanent resident card

Common Notarization Mistakes

• ❌ Signing before seeing notary
• ❌ Using expired notary commission
• ❌ Missing notary stamp
• ❌ Incomplete jurat clause
• ❌ Wrong date on notarization

What Happens If Forms Aren’t Notarized?

Court will:

• Reject the filing
• Return documents to you
• Delay your divorce
• Require re-notarization and re-filing

Cost of Notarization

NY State maximum fees:

• Acknowledgment:
• Jurat/Affidavit:
• Oath:

However, many places charge more (UPS, FedEx). Banks often free for customers.

Both Spouses Need Notarization

Each spouse must:

• Appear before notary separately (or together)
• Show their own ID
• Sign their own documents
• Cannot sign for each other

Bottom Line: Budget time and possibly money for notarization. It’s a required step you cannot skip.

Need all your forms reviewed before notarization? Contact our divorce attorneys.