For Immigration Purposes, You Must Prove You Are Single Before Filing the I-130 or I-129F Petition
If you were previously married and now want a green card based on your current marriage or a K-1 fiancee visa, you’ll need to submit a divorce decree (also called a divorce certificate), an annulment certificate, or a death certificate for each previous marriage. If you already have these, you’re good to go with the marriage green card process. If not, this will help you get a copy of your divorce decree or what to do if the documents are not available.
What is a Divorce Decree?
A divorce decree is a court-ordered document that ends a marriage and outlines the terms of the divorce. Once the judge signs and files the decree, both spouses will receive a certified copy. If you and your spouse agree to your terms, the judge will review, sign, and file it as part of the court record.
Key Information in a Divorce Decree
- Asset and debt division: How property, financial accounts, and debts are split between the former spouses.
- Spousal support (alimony): Any ongoing financial obligations one spouse has to the other.
- Child custody and support: Custody arrangements, visitation schedules, and child support.
Who needs to submit divorce decrees?
Both the sponsoring spouse (U.S. citizen or green card holder) and the spouse seeking a green card must submit a photocopy of their final divorce decree for each previous marriage when filing the I-130 spousal visa petition or the I-129F K-1 fiancee visa petition.
You will need to bring the original or certified copy to your green card or fiancee visa interview.
How to Get My Divorce Decree Copy
To get a copy of your divorce decree, follow these steps:
- Contact the Court Clerk: Reach out to the court in the county or city where you were divorced. The court clerk will guide you through the process of getting a copy. Court staff will assist you in retrieving case information, specifically by asking for the necessary details, such as the docket number and the completed request form.
- Provide Required Information: You’ll need to supply:
- Full names of both spouses
- Date and location of the divorce
- Case or docket number, if available
- Pay the Fee: Courts charge a fee for certified copies of legal documents. The fee can be paid by credit card, money order, or check.
- Request Method: You can request the decree in person, by mail, or in some cases online.
What do I need to replace a divorce decree?
To request a new copy of your divorce decree you will need to provide the following information to the court or vital records office:
- Full names of both spouses
- Date of the divorce
- County and court where you were divorced
- Divorce case number (if available)
- Reason for requesting the document (e.g. legal name change, remarriage)
- Your driver’s license or state ID (and a copy for mail requests)
- The state’s required request form (if applicable)
If you don’t have all the information, the court may charge an additional fee to search for your case.
Who can request a divorce decree?
In most states, divorce decrees are public records, so anyone can request a copy by paying the fee and submitting the required forms. However:
- Signed Permission: Some states require a notarized letter or affidavit from one of the spouses involved in the divorce, authorizing the release of the decree to a third party.
- Privacy of Settlement Agreements: If your divorce had a settlement agreement, the terms of the settlement may be sealed and not public.
Request from Your Attorney: If you had an attorney during your divorce, your lawyer may have a copy of the decree. While not required by law to keep client files forever, most states require attorneys to keep records for a minimum period. For example in Michigan: Attorneys must keep files for a minimum of five years (six years for tax records). After that period, the attorney must notify clients before destroying the files.
Divorce Records from Abroad
If your divorce was outside the U.S., find the issuing authority in your home country on the U.S. Department of State’s website. Select your country to see the address, fees, and process for getting an official copy.
More on Getting Divorce Documents
- Store Your Documents Safely: Once you get a copy of your divorce decree or certificate, put it in a safe or secure digital storage.
- Certified Copies: If you need to use these documents for legal purposes, you’ll probably need a certified copy, which has a stamp or seal on it.
- Check Online: Many courts and vital records offices now have online portals to request documents. This will save you time and hassle versus mailing in or going in person.
What is a Divorce Certificate?
A divorce certificate is a simpler document than a divorce decree. While it proves the divorce happened, it doesn’t include the details of the divorce such as property division or custody arrangements. Instead, it has the names of both parties, the date of the divorce, and where it was granted.
When Do You Need a Divorce Certificate?
- To remarry: Many states or countries require proof that your previous marriage was legally dissolved before issuing a new marriage license.
- To change your name: After a divorce, a certificate may be required to go back to your maiden name or choose a new one.
- For non-legal purposes: In some cases when the terms of the divorce aren’t relevant, a certificate will do as proof that the marriage is over.
NOTE: For Immigration purposes, it’s best to get the Divorce Decree. The Divorce Certificate may be sufficient for USCIS, but may not be sufficient for the US Embassy.
How to Get a Copy of a Divorce Certificate
If you need a copy of your divorce certificate, the process is different from getting a decree.
- Contact the Vital Records Office: Divorce certificates are issued by the state’s vital records department, not the court. Reach out to the vital records office in the state where the divorce occurred.
- Check if Available: Not all states issue divorce certificates, so check if your state does.
- Provide Required Info: You’ll need to submit the same info as for a decree:
- Full names of both spouses
- Date of the divorce
- Location of the divorce
- Request a Copy: You can request a copy of your divorce certificate:
- Online: Some states have an online portal for vital records.
- By Mail: Fill out the forms and mail your request with the fee.
- In Person: Go to the vital records office and request the certificate in person.
What’s the Difference Between a Divorce Decree and a Divorce Certificate?
- A divorce decree is a detailed legal document issued by the court that includes all the terms and conditions of the divorce. It’s needed for legal purposes or to enforce the divorce.
- A divorce certificate is a simpler document that proves the divorce happened, often used for non-legal purposes such as remarrying or changing your name.
Alternative Documents for Divorce Records
What to Do If You Can’t Get A Divorce Decree
If you can’t get an official copy of a divorce decree, submit both:
- Notarized Personal Affidavit: A written statement of the facts of your marriage and why you can’t get an official copy.
- Certified Statement from Government Agency: A statement of why your marriage certificate is not available.
FAQ’s
Privacy and Limitations
While many divorce records are public, divorce and marriage records have personal information. For that reason, some records may be sealed or redacted to protect the privacy of the parties involved. Also, the availability of records may vary if you get them from government sources or third-party websites, third-party platforms are not government-sponsored and may have incomplete data.
Having a copy of your divorce decree is important for many legal and personal reasons including immigration. Knowing how to get a certified copy fast will save you time and hassle. Keep your legal documents in a safe place so you won’t have to replace them.
Expert Legal Help At Herman Legal Group, LLC
24/7 Support, Just A Call Away!