Going through a divorce can be a difficult and emotional process. There are many legal and financial details to consider, and it can be easy to get lost in the paperwork. Two important documents that are often confused are divorce certificates and decrees.
What is a divorce certificate?
A divorce certificate is a legal document, typically issued by the state, to confirm that a marriage has been legally dissolved. It typically includes the names of the former spouses, the date of the divorce, and the location of the divorce. Divorce certificates are often required for government-related purposes, such as changing your name or remarrying.
What is a divorce decree?
A divorce decree is a court order that finalizes a divorce. It is a more detailed document than a divorce certificate, and it typically includes information about the following:
- The division of property and debts
- Child custody and visitation
- Spousal support (alimony)
- Other terms agreed to by the spouses
Divorce decrees are not always required by the government, but they can be helpful in resolving disputes between former spouses. They can also be used to enforce the terms of the divorce, such as child support payments.
The problem is somewhat compounded by the fact that some jurisdictions in the United States do not issue divorce certificates. For example, the State of California does not issue divorce certificates for divorces that occurred after 1984. In such cases, the only document that can serve as confirmation of the divorce would be a certified or exemplified copy of the divorce decree from the court in which the couple had gotten divorced.
Both divorce certificates and decrees can be apostilled or authenticated, although one would generally need to retrieve a certified or exemplified copy of the divorce decree containing the signature of the clerk of the court in order for the state to apostille or authenticate the decree. If a state issues divorce certificates, one would generally need to apply for it with the state’s vital records agency and then get that certificate apostilled or authenticated.
Some foreign officials do not always understand the fact that the United States has a very decentralized vital records system, with many records often only available at the state or local level. Moreover, many fail to understand the fact that divorce certificates are not available in many US states, with the certified or exemplified copy of the divorce decree having the same effect as a certificate in such jurisdictions. This can create problems for US citizens seeking to get married or apply for certain visa categories in foreign countries.
A&M Logos International has been retrieving, processing, and legalizing divorce decrees and certificates for more than 30 years. If you need assistance retrieving and legalizing your decree or certificate for use abroad, call us at (212) 233-7061 or e-mail us at info@apostille.us. You may also wish to apply on our website.