How to Get a Copy of a Divorce Decree? Divorce Decrees and Certificates

By Richard T. Herman Reviewed by Luis C. Villarroel

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

Can Anyone Get A Copy of My Divorce Decree?

In most states, divorce decrees are public records, anyone can request a copy. However, some states may limit access and require permission from one of the spouses involved.

How Long to Get a Divorce Decree or Certificate?

The frame varies by state and method of request. Online and in-person requests are faster, mail requests take several weeks.

Do I Need Both a Divorce Decree and a Divorce Certificate?

For immigration purposes, get the divorce decree, especially when processing at the US Embassy.

What’s the Difference Between a Divorce Decree and a Divorce Certificate?

A divorce decree is the actual final legal document that outlines the divorce terms, and a divorce certificate is a shorter document that proves the divorce happened. Not all states issue divorce certificates, so you may only get a decree.

Can I Get A Copy of My Divorce Decree Online?

Some courts and states allow online requests, but not all. Check with the court or vital records department in the state where your divorce was filed.

Can I use a Divorce Decree to remarry and sponsor my immigrant spouse?

Yes, in most cases, a certified copy of your divorce decree will be enough to prove your prior marriage is over, so you can get a new marriage license, marry, and then file an I-130 for your new spouse.

What happens if I am still legally married to someone else and have not yet obtained a divorce? Can I still apply for a green card or fiancé(e) visa?

You cannot proceed with your green card or fiancee visa application. A legal divorce decree, annulment judgment, or death certificate is required to move forward.

What if my divorce papers are not in English?

You must translate and certify them. This document is key for legal enforcement of these agreements, such as if one spouse doesn’t pay alimony or child support.

Where to Get Death Certificates?

Contact the vital records office where the death occurred to get a copy of the death records.

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.