In an Indiana divorce, can the Settlement Agreement and Decree of dissolution of Marriage be notarized in Mexico by an official notary?

In Indiana, if a resident were to file for an uncontested, no-fault, no children or property divorce from a spouse who currently resides in Mexico, it appears that there are a number of forms that will need to be completed. My question is about the SETTLEMENT AGREEMENT AND DECREE OF DISSOLUTION OF MARRIAGE which must be signed by both parties, each witnessed by a notary. The space for the notary’s information asks for the Indiana county info where the notary practices. Will the courts accept a document notarized in Mexico for the spouse who resides in Mexico and cannot return to the U.S now

Asked on July 6, 2009 under Family Law, Indiana

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should call the clerk of the divorce court that is going to be handling the case, what Mexican officials' notarizating will be accepted.  I doubt it's a first-time question, but at the worst, you should have an answer in a few days.  You can do this by telephone, although sending a letter to get one back will make sure there are no misunderstandings.

The worst case would be for the spouse in Mexico to go to the U.S. Embassy or a consular office, and there would be someone there who could provide a U.S.-legal notarization.


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