Your Marital Status – and the Notary

Your Marital Status – and the Notary

Everyone knows if they are married or single. Well, almost everyone as there can be legal actions “in progress” and the status is in flux. However, almost everyone knows their marital status. But as you will soon understand – Proving that status is quite another matter. As a New York Mobile Notary Public – the marital status of my client often has great bearing on the work that I do. “Jane Doe, a married woman” is common wording in matters related to deed transfers. Not to be sexist – I should add that “Tom Smith, a married man” is equally common. Being “on title” with a status of “married or single” is common requirement in many states.

When signing the deed, the property holder is often required to declare their marital status, as many states have automatic “spousal” rights in real estate transactions. This is fine for the named individual; however, as the notary – there is often a problem. When you sign “xxxx, a married person” – no problem. But, and it’s a big but, it is not OK in the notary section for me to say “before me appeared xxxx, a married person”! In the former, you are declaring your marital status, in the latter it is Kenneth A Edelstein who is declaring your marital status! And that makes a very important difference.

Now for a surprise: There is NO way for you to prove your marital status to me, the notary; or to anyone else! If you show me a marriage certificate dated yesterday – how do I know you were not divorced today? The reverse is also true. A divorce decree – even one dated today, does not mean you are single! You could have remarried hours ago! Thus for me the notary to notarize your name AND marital status is technically wrong. The proper procedure would be for me to strike out (with a single line) the marital status verbiage, and for me (only – as it is in the notary section) to initial the change.

In a related matter, I am commonly asked to notarize and apostille process a “statement of eligibility for marriage.” Most of my clients ask me to obtain an official document relating to that status. But, nobody can provide such a document. There is no official nationwide registry of marriages and divorces. What is most commonly done is that my client simply prepares an affidavit stating: “I am not married. I have never been married”. Or similar (always telling the total truth!) and I notarize their statement and subsequently obtain an Apostille for foreign use.