If you were divorced in one state but now live in another—or even outside the United States—you may need a certified copy of your divorce decree for a visa application, marriage abroad, name change, or other legal purposes. Unlike birth or marriage certificates, which are often issued by a state's vital records office, divorce decrees are court documents. This means you must obtain them from the court that granted the divorce, not from a state health department. Requesting a divorce decree from another state adds layers of complexity: you must identify the correct court, follow that state's specific procedures, and often provide notarized requests and valid identification. As of July 2026, most courts have streamlined their mail‑in and online request processes, but requirements still vary significantly by jurisdiction. Submitting an incomplete or incorrect request can result in weeks of delay—or your application being returned unprocessed.
Key Rule: A divorce decree is a court document, and only the court that issued the decree can provide a certified copy. You cannot obtain a certified divorce decree from a state's vital records office unless that state specifically issues divorce certificates (which are different documents). For visa and immigration purposes, you almost always need the certified divorce decree with the court clerk's seal and signature—not a divorce certificate.
Divorce Decree vs. Divorce Certificate: What's the Difference?
Many applicants confuse these two documents, and submitting the wrong one is a common reason for visa application rejections.
A divorce decree is the final court order issued by a judge that legally ends a marriage. It is a court document that contains specific details about the divorce, including property division, child custody, and spousal support. It bears the signature of the judge and the seal of the court. This is the document you need for most legal and immigration purposes.
A divorce certificate, by contrast, is an administrative summary issued by a state's vital records office. It confirms that a divorce occurred and lists basic information such as the names of the parties and the date of the divorce, but it does not contain the full terms of the divorce decree. Some states issue divorce certificates, but they are not the same as a certified copy of the divorce decree. For visa applications, foreign embassies and USCIS typically require the certified divorce decree—not the certificate.
Step‑by‑Step Process to Obtain a Certified Divorce Decree From Another State
Follow this workflow to request your certified divorce decree from a court in another state. The exact steps may vary by jurisdiction, but the general process is consistent.
- Identify the correct court. Determine the state, county, and specific court that issued your divorce. This is typically the court where you filed your divorce petition—often a county superior court, circuit court, family court, or district court.[reference:0] If you are unsure, search for "[County Name] [State] court records" or contact the state's judicial branch website.
- Confirm the court's request procedure. Visit the court's official website or call the clerk's office to find out how they accept requests. Most courts offer mail‑in, online, and in‑person options. Some courts require you to use a specific form; others accept a written request letter.[reference:1]
- Gather the required information. You will typically need:
- Full names of both parties (as they appear on the decree).
- Date of the divorce (or the case number, if you have it).
- The county and state where the divorce was granted.
- A copy of your government‑issued photo ID (driver's license, passport, or state ID).
- Complete the request form or letter. If the court provides a specific form, fill it out completely. If not, write a clear letter that includes all the required information and states that you are requesting a certified copy of the divorce decree.
- Include the required fee. Court fees for certified copies typically range from $10 to $30 per copy, though some courts charge more. Acceptable payment methods vary—most courts accept checks or money orders payable to the court or clerk of court. Some now accept credit cards for online requests.[reference:2]
- Provide a self‑addressed stamped envelope (SASE). If you are requesting by mail, include a return envelope with sufficient postage. For international requests, use a trackable international shipping method.[reference:3]
- Submit your request. Mail the completed request, payment, ID copy, and SASE to the court's address. If the court offers online submission, follow their portal instructions.
- Wait for processing. Processing times vary widely—from a few days to several weeks, depending on the court's workload and the complexity of the request. Some courts offer expedited processing for an additional fee.
What Documents and Information Do You Need to Include?
To avoid delays, ensure your request package includes everything the court requires. Missing any item can result in your application being returned.
| Item | Requirement | Notes |
|---|---|---|
| Request Form or Letter | Completed and signed | Include full names, divorce date, case number (if known), and your current contact information. |
| Government‑Issued ID | Clear copy | Driver's license, passport, or state ID. Some courts require notarization of the ID copy. |
| Payment | Check or money order | Payable to the court or clerk of court. Confirm the exact fee on the court's website. |
| Self‑Addressed Stamped Envelope | With sufficient postage | For mail‑in requests. Use a trackable method for international or time‑sensitive requests. |
| Notarization (if required) | Some courts require notarized requests | Check the court's specific requirements. If required, have your signature notarized before mailing. |
Authentication and Apostille for International Use
If you are using your divorce decree for a visa, marriage abroad, or any purpose outside the United States, you will likely need to have it apostilled (if the destination country is a member of the Hague Convention) or legalized (if it is not).
The apostille process for a divorce decree is straightforward but requires the correct sequence:
- Obtain a certified copy of the divorce decree from the court that issued it. This is the document you will submit for apostille.[reference:6]
- Submit the certified copy to the Secretary of State of the state where the divorce was granted. The apostille is issued by the state's Secretary of State, not by the federal government.[reference:7]
- Include the required fee and a return envelope. Each state has its own fee for apostille services—typically $5 to $20 per document.
- Receive the apostilled document. The Secretary of State will attach the apostille certificate to your divorce decree. Do not remove or alter the attachment.
If your destination country is not a member of the Hague Convention, you will need to go through the embassy legalization process instead. This typically involves authentication by the U.S. Department of State and then by the embassy of the destination country. This is a more time‑consuming process, so plan ahead.
Some embassies also require a certificate of non‑appeal—a document from the court confirming that the divorce decree is final and no appeal is pending.[reference:8] Check with the embassy to see if this is required.
Estimated Fees, Processing Times, and Expedited Options
The table below provides a general overview of typical costs and timelines. Actual amounts and times vary by court and state.
| Step | Estimated Cost | Estimated Time |
|---|---|---|
| Certified Copy from Court | $10 – $30 | 1 – 8 weeks (depending on court) |
| Expedited Court Processing | Additional $10 – $50 | 1 – 5 business days |
| Apostille (Secretary of State) | $5 – $20 | 1 – 4 weeks (mail) / 1–5 days (walk‑in or courier) |
| Translation (if required) | $25 – $50 per page | 2 – 5 business days |
| Total (Court + Apostille + Translation) | $40 – $100+ | 2 – 10 weeks |
If you need the document urgently, contact the court directly to ask if they offer expedited processing. Some courts allow you to pay an additional fee for rush service. For the apostille, some states offer walk‑in service at their Secretary of State office, which can reduce the wait to a few days.
Common Mistakes That Can Delay Your Request
Even experienced applicants make errors when requesting documents from out‑of‑state courts. Avoid these frequent pitfalls.
- Requesting from the wrong court. The divorce decree is held by the court that granted the divorce—not the state's vital records office. Sending your request to the wrong agency will result in a rejection or a forwarded request, adding weeks.[reference:9]
- Submitting an incomplete request. Missing information such as the case number, full names, or date of divorce can cause the court to return your request.
- Not including a return envelope. If you do not include a self‑addressed stamped envelope, the court will not send your document.[reference:10]
- Using the wrong payment method or amount. Courts often do not accept personal checks from out‑of‑state banks, and fees change periodically. Always confirm the current fee and acceptable payment methods on the court's website.
- Requesting a divorce certificate instead of a divorce decree. Many applicants confuse the two. If you need the full court order, request the "certified copy of the divorce decree" explicitly.
- Waiting until the last minute. Court processing times can be unpredictable—especially in larger counties. Start the process at least 2–3 months before your visa interview or other deadline.
- Failing to get an apostille. If you are using the document abroad and do not obtain an apostille, the foreign authority will not accept it.
Related Guides
- Marriage Certificate vs Marriage License: What's the Difference?
- How to Get a Certified Copy of Your Birth Certificate by Mail
- How to Get a Background Check Apostilled for Overseas Use
Frequently Asked Questions
Q: Can I get a certified copy of my divorce decree from a state's vital records office?
A: In most states, no. Divorce decrees are court documents and are issued by the court that granted the divorce. Some states issue divorce certificates through vital records, but these are not the same as the certified divorce decree and are generally not accepted for immigration purposes. Always request the decree from the court.[reference:11]
Q: How do I find the court that issued my divorce?
A: Your divorce was granted in the county where you filed the petition. The court is typically called the Superior Court, Circuit Court, Family Court, or District Court of that county. If you are unsure, search for "[County Name] [State] court records" or contact the state's judicial branch website.
Q: What is the difference between a divorce decree and a divorce certificate?
A: A divorce decree is the final court order that legally ends a marriage. It contains the judge's signature and the court's seal. A divorce certificate is an administrative summary issued by a state's vital records office that confirms a divorce occurred but does not contain the full terms of the decree. For visa and immigration purposes, you need the certified divorce decree.
Q: How long does it take to get a certified divorce decree from another state?
A: Processing times vary by court, ranging from a few days to several weeks. Some courts offer expedited processing for an additional fee. Always allow extra time for mail transit, especially if you are applying from abroad.
Q: Do I need an apostille for my divorce decree?
A: If you are using the divorce decree in a country that is a member of the Hague Apostille Convention, yes. You must obtain an apostille from the Secretary of State of the state where the divorce was granted. If the destination country is not a Hague member, you will need to go through the embassy legalization process instead.[reference:12]
Q: Can I request a divorce decree online from another state?
A: Many courts now offer online request portals. Check the court's official website to see if online submission is available. If not, you will need to submit your request by mail or in person.
Q: What should I do if my divorce decree is lost or I never received one?
A: You can request a certified copy from the court that granted the divorce. The court will have a record of the decree and can issue a new certified copy. You do not need the original—the certified copy serves as the official document.