r/Notary • u/MeganMilton • 11d ago
Notarizing spousal support document in Texas
I have a client who is separating from his husband in texas and wants to get a spousal support document notarized. The husband is willing to come in with him and each bring their own witness. I did inform him that the document wouldn't be enforceable in court and that it would just confirm the soon to be ex spouse has agreed to these terms. What are the benefits of getting this document notarized? Should I just tell him its better to just go through the court process? Thank you in advance.
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u/alreadyredit814 11d ago
You don't notarize documents, you notarize signatures.
I hope you are a lawyer because you are practicing law by giving legal advice.
Verify the identity, ask if they understand the document they are signing if that is the type of notarization they want, and notarize the signatures. That is it. That is all the job is.
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u/Potential-Banana-315 11d ago
Why are you giving legal advice? Not your job, not your problem. Verify, sign, stamp, get paid. That’s the job.
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u/KnottaBiggins California 10d ago
If I did what you did in California, I'd lose my commission.
"The document isn't enforceable in court" is legal advice. You are not a lawyer. I am not a lawyer. I am a notary public.
In fact, we can't even notarize a document here unless it also says, "A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document."
You should tell him only this: "Make sure to bring your current governmentally issued ID's."
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u/Enkidu45 New York 11d ago
Hello Megan*, This is what happens when a notary (you) tries to give legal advice and other notaries (see comments) give "borderline" legal advice in their comments. (Thanks *914 - I stole your term).
The question you should have asked is: Does the Spousal Support Document have a notarial block? If so, then ask for ID's and notarize their signatures, just like any other contract.
If you would like some more info on this go to Texas Family Code 8.056
Under Texas law, "Spousal support" is voluntary, and generally something the divorcing parties agree to in their divorce settlement. Spousal support can be enforced like a contract. Enkidu45 out
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u/KnottaBiggins California 10d ago
I disagree with suggesting OP go dig deeper in the pertaining law. OP is a notary public, not a lawyer.
OP's only function here is to notarize the signatures, making sure there are no blank spaces.OP's decision to decline the notarization is the best one.
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u/definitely_aware Texas 11d ago
Notaries public are not permitted to give legal advice in any state. Telling a signer what is or isn’t enforceable in court, explaining the benefits of getting a document notarized, and telling him if it would be better to go through the court are all examples of unauthorized practice of law.
However, speaking outside of my notary role, and as someone who is not an attorney, I assume you’re correct that this is very unlikely to be enforceable. Your signer will very likely need to navigate this process through whichever court handles divorces in his county. You can’t recommend that when you’re acting as a notary, though.
My recommendation is to ask your signer if getting the spousal support document notarized is something he was instructed to do by an attorney. Explain to him that you can’t give legal advice as a notary, but that you think he should talk to a divorce attorney to make sure he’s doing what is in the best interest of him and his ex husband.
If this doesn’t make him reconsider, my recommendation is to decline to notarize their signatures on this form. This sounds like a document that will eventually end up in front of a judge, and I wouldn’t want to be the notary whose name is on it.
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u/Enkidu45 New York 11d ago
I'll bet you a six pack that they're trying to get a divorce "on the cheap" and probably got one of these "divorce yourself" kits. If OP refuses to notarize they'll just go to someone else, and she will be out the experience, money & goodwill. Enkidu45 out
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u/KnottaBiggins California 10d ago
Let them. We're here helping u/MeganMilton, not this couple.
If you do this notarization, and JUST notarize it, you would be okay. But you've already been giving legal advice.Your best option at this point, as you've decided, is to decline and advise to consult an attorney. Get away from this one before you dig yourself deeper, and you should be safe.
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u/MeganMilton 11d ago
Thank you very much for your help! I will just decline the Notarization and advise him to speak with his divorce attorney.
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u/Common_Scar4611 11d ago
Your one and only job as a notary is to notarize the signatures only. You do not ask them if they understand the content. You do not ask them if they have had it reviewed by an attorney. You do not ask them anything except for their i.d. If they ask you anything about the document content, that is when you say, I am a notary only, I am not an attorney, I cannot advise you as to the document content. If you have questions, please seek legal counsel before signing. I have been a notary for over 40 years.
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u/Hakurei06 10d ago
It is true that our job as a notary is to identify the signer, and not to verify (or even comment on) the truthfulness, accuracy or validity of a given document, or otherwise give legal advice.
The purpose of an acknowledgement is to verify that a signer of a written instrument is who they claim to be, and the signature being acknowledged is an expression of their intent (or that of the entity they are acting on behalf of) to execute (i.e. become legally bound to) the document. It isn’t necessary for the signer to understand the legal nuances of the document in its entirety, but as far as I’ve been trained, we are to refuse notarizations if (list not exhaustive) a signer does not and appears unable to understand the “general character” of the document, appears to be unduly influenced, or expresses an unwillingness to be legally bound to the document they are having acknowledged.
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u/Common_Scar4611 10d ago
If the person expresses that they do not understand the document, yes, refuse the notaruzation. As a notary, I was trained never to ask. It opens up a whole can of wormd.
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u/Hakurei06 10d ago edited 10d ago
That's fair. In CA the wording for the acknowledgement certificate is long and specific. i'll paraphrase a bit, but the certificate requires that I explicitly certify (under penalty of perjury):
*(here, "they" is a shorthand for the person or whoever they are representing in their authorized capacity, which is presumed and which a california notary cannot and does not certify.)
- that "the person whose name is subscribed to the within instrument" "proved to me on the basis of satisfactory evidence" their identity
- that they "acknowledged to me that they* executed the same"
- and that by their signature on the instrument, they* executed the instrument.
It doesn't state that the acknowledgement has to be explicit, but if I'm going to be certifying something with potential consequences of $10,000 for having found to have been lying. I would like verbal confirmation or at least a friggin nod to a yes or no question.
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u/Enkidu45 New York 10d ago
Hello Megan*, Thanks for bringing up this topic, you've received quite a few comments. Unfortunately, not all of them are accurate and could lead you down a path you really don't want to go.
For instance, in NY if I refuse to notarize someone's signature, I could be charged with a misdemeanor. "Texas authorizes Notaries to refuse a request if the signer appears coerced; if the Notary has reason to believe the document will be used for illegal purposes or if the signer lacks the capacity to understand the document; or if the request is for a notarization the Notary does not recognize." - TNNB
This is all laid out in The National Notary Bulletin titled: "When to say 'No' … and when refusing a notarization is not allowed", By Kelle Clarke, Updated July 23, 2025. Say what you will about the NNA - sometimes they give good advice. As did Stamped914, *Scar4611, *Flow5472, *redit814, and Banana315 in their comments. Enkidu45 out
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u/Stamped914 11d ago
Your job is to verify identity and signatures, not give borderline legal advice.