Legal Insurance
Divorce Decrees vs. Divorce Certificates: Key Differences
If you’ve decided to get a divorce, you likely want to make the process as simple as possible.
There are many documents to review and sign (which a divorce or civil lawyer can help you navigate) to finalize a divorce. Two specific documents, divorce decrees and divorce certifications, are important to understand.
Learn how they compare below.
What is a divorce decree?
A divorce decree is a court order that officially ends a marriage.1 It contains all the information of a case and the court’s ruling surrounding a divorce. This document typically includes a complete list of the agreed-upon terms of a divorce, such as child support, alimony, division of property, insurance coverage, financial obligations, custody, and other information.
A divorce decree is court-issued. If a case goes to trial, a judge determines the terms of the divorce. If the case is settled by the couple, a judge will simply review the legality and fairness of the settlement before approving it. Once approved, a divorce decree is binding and will enforce what both parties are legally responsible for going forward.
Why might you need a divorce decree?
A divorce decree is primarily used to finalize a divorce. There are certain situations where a copy may be required. Consider some of the following reasons:
- Your spouse isn’t fulfilling their responsibilities: If your spouse isn't complying with the orders outlined in the divorce decree, you can use the decree to file a motion to the court asking them to enforce the order.
- Name change: If you want to change your name, you need to request a name change during the court proceedings. If a judge signs off on it, you can use the divorce decree to officially change your name with the Social Security Administration.
- You need proof of your divorce: There are many situations in which you may need to prove that your divorce was finalized. For example, you may need a divorce decree to close a joint bank account, refinance a home, or revise the terms of estate planning documents.
- You want to remarry: To get remarried and apply for a new marriage license, you'll need to show a copy of your divorce decree. It’s illegal to marry a new spouse without being legally divorced from the former spouse in the United States.
How to get a copy of your divorce decree
Typically, the court will mail you a certified copy of your divorce decree or let you know when it’s ready to be picked up. You can also request a copy from the court clerk's office in the county where the decree was issued.
What is a divorce certificate?
Unlike a divorce decree, a divorce certificate isn’t a court-ordered document. A divorce certificate is an official document that’s issued by a state's bureau of vital records.1 It’s mostly intended for record-keeping and contains only the basic information of the divorce proceedings, such as names of those involved and the date and location of the divorce.
Why may you need a divorce certificate?
If you want to show proof of divorce, without revealing all the personal information disclosed in a divorce decree, you can use a divorce certificate in many situations. A divorce certificate typically can be used for the following:
- Obtaining a passport
- Getting a travel visa
- Applying for a marriage certificate
- Changing your name
- Proving you’re no longer married
How to get a copy of your divorce certificate
Not all states issue divorce certificates. But for those that do, you can typically get a free copy from your state’s office of vital records. You’ll typically need to request a copy either online or in writing.
|
Divorce decree |
Divorce certificate |
Issued by |
The court |
A state's bureau of vital records |
Used to |
Officially terminate a marriage |
Provide proof of a divorce |
Document contains |
Detailed information that reveals all the specifics of the case and the court’s ruling. |
Basic information that identifies the people involved and the date and location of the proceedings. |
How to request a copy |
Contact the court clerk's office in the county where the decree was issued. |
Contact your state’s office of vital records. |