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middleVT
Afghanistan
38 Posts |
 Posted - 02/12/2013 : 12:07:50 PM
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I too wouldn't want to make an unqualified statement on a notarial certificate that a couple was married. It's unfortunate that communication to notaries is nearly one way. We can tell someone we won't use a certificate with marital status and their response will probably be they don't know why the status was put in the certificate, but there is no time to ask, so just attach a loose certificate (or cross out the status and initial) and hope for the best. The other likely response is to find a different notary. Sending the question up the line to whoever inserted the status and asking them to justify the request and explain their rational for it being legal just never happens.
I could see it being possible if a state required it and passed a law saying how a notary was to check and that the notary would be protected so long as he followed the specified procedure. But a state would be stupid to do that because most of the notaries in the other 49 states would refuse, so a married couple from that state that moved before selling the house would have to return to the state just to sign the deed.
After all, the checks a notary performs are not foolproof. A person might have the same name as the one who should sign a document, but not be the one actually authorized to sign. I hear some of the fake IDs are so good these days that hardly anyone can spot them. So checking a marriage certificate isn't proof positive, but it's only marginally worse than the things we routinely rely on.
middleVT |
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edelske
New York
815 Posts |
Posted - 02/12/2013 : 10:05:47 AM
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Most everyone knows if they are married (I have met some folks who, for various reasons are the rare exception). However, it is impossible to prove your marital status to anyone.
That document, marriage cert or divorce cert you were about to show me proves nothing. How do I know what your ARE showing me was not negated by a document that your are NOT showing me?
There is no worldwide marriage recording service. Generally IMHO a marriage performed anywhere is valid everywhere. But the reverse, a divorce is not quite so universally accepted.
But I stray from the topic. And, I ask "How can you prove to me your marital status"? The best answer so far:
Watch us argue - that proves we are married.
How does this relate to notary functions. I knew you would ask! Well, sometimes in the notary section it states:
Sworn to before me by Suzy Snowflake, a married woman ......
(The legality of name "attributes" is covered elsewhere)
Even if the "a married woman" were allowed - it's MY statement that Suzy is married - how would I know that - she can't prove it to me.
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
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Married? Perhaps, but not Proveable
