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xavierjd
xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
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My son is in the Military in Colorado Springs, Colorado and

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My son is in the Military in Colorado Springs, Colorado and his soon to be ex-wife has filed for divorce in Texas. I went to court for him today as I am his (special)power of attorney and the judge said that my son needs to sign a Waiver of Service. All of the forms are from Texas stating "The state of Texas County of _____________." The problem is that the notary in Colorado can't notorize something that states County of Texas when they are in Colorado. Is that Correct?

xavierjd :

Thanks for using JustAnswer.com It will be my pleasure to assist you today.

Hi Suzanne,

When is your son going to be discharged?

Where will he be living after his discharge?

Thanks
Customer: replied 3 years ago.


My son still has 6 years in the military. Neither wants anything from the marriage just their freedom and the divorce. My son will be living oin Texas when he is discharged from the US Army in 6 minutes.

Hi Suzanne,

Sorry for the delay. I am looking up some things for you. I will be back with an answer asap.

Thanks for your patience.
Customer: replied 3 years ago.
They got married on March 14,2011 and they separated on Septmber 11,2011 not even 6 months later.
Hi Suzanne,

It is very unfortunate that the marriage did not last. It must be VERY hard on your son because he is unable to be at any/all proceedings in Texas. And, it must be very stressful for you as his power of attorney. You must act on his behalf for some of the necessary paperwork, and it is not helpful if you are getting mixed messages regarding the notary's ability to sign the Waiver.

Documents originating from another state may be notarized as long as the notary performs the notarial act in Colorado, the signer of the document appears before the notary to acknowledge or sign the document, and the notarial certificate contains all required elements.

Obviously, your son cannot appear. However, your special power of attorney can be recognized.

Below is a link to commonly asked questions to the Colorado Secretary of State by notaries. The answer to your question is contained in B-10.

http://www.sos.state.co.us/pubs/notary/files/notary_faqs.pdf

Moreover, below is a link to the Colorado Secretary of State. It is the office that governs notaries. The notary can contact the Secretary of State if s/he has any hesitation about notarizing the waiver.

http://www.sos.state.co.us/pubs/info_center/contact.html

When a notary "notarizes" a document, there is a requirement for verification of identity, an oath, a requirement that the document is signed in the notary's presence and there is specific language that must be included. The notary should know all of the requirements.

The notary that you contacted may not have been aware of the provision that allows him/her to notarize out of state documents. You may wish to contact another notary and/or verify the answer contained within the Q & A as described in B-10 as described above. You can verify the information with the Secretary of State before you contact another notary, or go to another notary who may be more informed.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD

xavierjd and 8 other Legal Specialists are ready to help you
Hi Suzanne,

Thank you for the positive rating. It is greatly appreciated. I am glad that you found the information useful.

If you have further questions, you can specifically request me as the expert.

Thanks again,

Xavierjd

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