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Court Update: [REVISED] Sacramento Notarized Default Stipulated Judgments for Represented Respondents

Wednesday, February 23, 2022 10:20 AM | Anonymous

Pursuant to FC 2338.5 Respondent's signature must be notarized on the Marital Settlement Agreement. This included cases where both parties are represented by counsel…

2338.5. Where a judgment of dissolution or nullity of marriage or legal separation of the parties is to be granted upon the default of one of the parties:

(a) The signature of the spouse who has defaulted on any marital settlement agreement or on any stipulated judgment shall be notarized.

Previously, Default Stipulated Judgments (submitted with an MSA) in Sacramento County were accepted by the court where neither Petitioner's or Respondent's signatures were notarized, if said party was represented by counsel pursuant to Sacramento County Local Rule 5.12.

12/23/2021 Notice from the Court:

It is not the policy of the Court to require notarized signatures for agreements for attorney represented litigants.  The following is our local rule.  Please have the attorney resubmit their judgment with the rejection notification, and this issue will be addressed with the Court. 

5.12 Signature of Self-Represented Party on Agreement or Stipulation - Notary Required. The signature of a defaulted self-represented party to an Agreement or Stipulation shall be subscribed by a duly authorized Notary Public. (Adopted 1/1/2013; revised 1/1/2016)

Going forward signatures on marital settlement agreements or stipulations must be notarized.

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