Notary

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Notary

The person that notarized my dissolution papers is
now marrying my ex husband. Is this legal? It seems
like a conflict of interest.

Asked on December 23, 2016 under Family Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is legal. A notary's role is *very* limited: it is nothing more than to verify people's identity when they sign, and confirm ("notarize") that the people who signed are the ones they claimed to be. Because the role is so tightly defined and narrow, the concept of conflict of interest does not apply to notaries; they have no duty other than to check IDs and make sure the signers are in fact the signers. If you divorce attorney were now marrying your ex-husband, that might be different, since an attorney's role--and their legal and ethical duty to their clients--is much broader.


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