Which Florida divorce documents actually need a notary?
Fewer than you'd think. Florida's financial affidavit forms don't need one at all -- the marital settlement agreement and a deed transferring the house do.
It depends on the document. Florida's Family Law Financial Affidavit, Form 12.902(b) (short form) or 12.902(c) (long form), does not need a notary -- both current forms are signed under penalties of perjury (F.S. §92.525), with no notary or deputy-clerk block at all. A Marital Settlement Agreement, Form 12.902(f), does need one -- both spouses' signatures must be sworn or affirmed before a notary public or deputy clerk. If your divorce includes transferring the marital home, that deed needs two subscribing witnesses (F.S. §689.01) and a notarized acknowledgment to be recorded (F.S. §695.03).
Financial affidavits: no notary needed
Florida's Family Law Financial Affidavit -- Form 12.902(b) if your individual gross income is under $50,000/year, Form 12.902(c) if it's $50,000 or more -- ends with a plain declaration: "Under penalties of perjury, I declare that I have read this document and the facts stated in it are true," followed by a signature line. Neither current form (12.902(b), revised 10/21; 12.902(c), revised 06/25) has a notary or deputy-clerk block anywhere on it.
Florida Statute §92.525 makes this declaration a full legal substitute for a notarized oath. If a form only asks for your signature under penalties of perjury, notarizing it anyway doesn't make it "more valid" -- it's already complete once you sign and file it with the clerk of the circuit court.
A local circuit or an attorney may still ask for a notarized version as a matter of their own practice, even though the state form doesn't require it -- if that happens to you, ask them to point to the specific local requirement, since it isn't in the form's own instructions.
Marital Settlement Agreement: yes, this one needs a notary
Form 12.902(f)(3), the Marital Settlement Agreement for Simplified Dissolution of Marriage, is different: its instructions state plainly that "both parties must sign the agreement and have their signatures witnessed by a notary public or deputy clerk," and the form itself carries a real jurat for each spouse -- "Sworn to or affirmed and signed before me on ___ by ___," with a "NOTARY PUBLIC or DEPUTY CLERK" line beneath.
A notary can witness both signatures in one session, in person or by RON (a marital settlement agreement is not on the F.S. §117.285(5) exclusion list), whether both spouses sign together or separately. A routine session is $45 total ($25 statutory notarial-act fee, F.S. §117.275, plus a $20 service and coordination fee).
Transferring the house: two witnesses, plus a notary to record it
If your settlement moves the marital home into one spouse's name alone, that transfer happens by deed -- and a deed has its own, separate signing rules. Florida Statute §689.01 requires the deed to be signed in the presence of two subscribing witnesses. Separately, Florida Statute §695.03 requires the signature to be acknowledged before a notary public (or another authorized officer) before the county clerk can record it.
These two requirements (witnesses, and a notarized acknowledgment) work together, not as alternatives -- a deed missing either one is at risk of being rejected for recording.
Free option: the deputy clerk
For any of the documents above that do need a notary, the clerk of the circuit court in the county where your case is filed can notarize it at no charge, as a deputy clerk -- the same free option every form in this family lists alongside a commissioned notary public.
What a notary doesn't do here
A notary confirms identity and witnesses a signature -- nothing on this page changes that. A notary doesn't draft or review a settlement agreement, tell you what to put in it, calculate a financial affidavit's figures, or prepare a deed. Those are your attorney's role, or your own if you're self-represented; ask before your session if you're unsure whether a document is ready to sign.
I am not an attorney licensed to practice law in the State of Florida, and I may not give legal advice or accept fees for legal advice.
Frequently asked questions
Do I need to notarize my Florida financial affidavit for divorce?
No. Form 12.902(b) and 12.902(c) are both signed under penalties of perjury (F.S. §92.525) -- neither current form has a notary block.
Does a marital settlement agreement need to be notarized in Florida?
Yes. Form 12.902(f)'s instructions require both spouses' signatures to be witnessed by a notary public or deputy clerk, and the form itself has a jurat for each signature.
Does the deed transferring our house in a divorce need a notary?
Yes. Florida law requires two subscribing witnesses (F.S. §689.01) and a notarized acknowledgment for the deed to be recorded (F.S. §695.03).
Is there a free way to notarize divorce paperwork in Florida?
Yes -- the clerk of the circuit court where your case is filed can notarize any of these documents at no charge, as a deputy clerk.
Can EMC notarize a marital settlement agreement or deed remotely?
Yes, both are RON-eligible under Florida's remote online notarization law -- neither is on the F.S. §117.285(5) exclusion list (wills, trusts, advance directives, spousal waivers, and certain §709.2208 powers of attorney).