How to Get a Copy of Your Divorce Certificate And Decree
If you’re married and living in the United States, then you have about a 50% chance to end up divorced. This means that at some point five out of every ten Americans will need a copy of their divorce certificate to establish that their marriage was indeed legally dissolved. The certificate is a state maintained record of the actual divorce decree, which is a different document entirely, and one people often confuse.
A divorce decree is issued when two parties are separated for the legally required period of time, their case is heard in court, and decided by a judge. The decision of that judge is what results in the decree. It not only lists the legal separation of two parties, but also the division of assets, child custody arrangements, maintenance payments, and anything else that might have been decreed by the judge as a result of the proceedings. This document is only kept by the actual court where the decree was issued, and is not forwarded to the state archives.
The divorce certificate is a record of the decree. This makes it an entirely different document. There is no mention of the final arrangements decided on as a result of the divorce decree. In most cases a person looking for one of these two documents is looking for the certificate, which is also the less expensive of the two to obtain.
A certificate of divorce is typically costs from $15 and upwards, depending on the state and whether you require a certified copy. The actual document will generally contain at least the following information:
- The full name of the husband
- The full name of the wife
- The date their divorce was recognized by the state
In the event you have children, there may be additional information included, but that can vary from state to state. For most purposes the certificate is simply used to publicly establish that a private matter has been settled. This is done to address situations where a separation and divorce have been particularly unpleasant. In this case, the finer points are confined to the divorce decree, while the certificate simply establishes that a decree was issued and recognized by the state.
To apply for your certificate or that of a person you are representing, the first and most important step will be establishing your identification. If you are not one of the parties named in the certificate, then you will additionally be required to furnish proof of either your relationship or ability to represent them. Once this standard has been met, you will be able to retrieve a copy of the certificate.
This is done by either writing or visiting the vital statistics office in the state where the certificate was issued. If visiting in person, be prepared to wait, as there can be long lines and lengthy delays. In some cases, certificates may also not be immediately located, in which case they will generally be mailed to you at a later date when they are located. Additionally, bear in mind that cash and check payments remain the most commonly accepted form of payment in most offices. As such, credit cards might not be accepted.
If you are instead mailing in your application, it is advised to send in all of the following in addition to proof of identification:
- Full name of the husband, with the last name in uppercase letters
- Full name of the wife, with the last name in uppercase letters
- Date of the divorce decree, or date range if unsure of the exact date
- Date of the marriage
- Your relationship to the parties if not named in the certificate or decree
- The reason for requesting the certificate
- A self-addressed stamped envelope with your return address on it.
Having followed the steps above, you should expect to receive your certificate in two to eight weeks, depending on the back log of previous applicants and the age of your certificate. To locate the mailing address of the office specific to you and your location, please locate your state or territory in the “Vital Records Department” article.
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