Divorce is a significant legal process that involves important decisions, from child custody arrangements to dividing assets. Amid the emotional and legal complexities, paperwork plays a crucial role in finalizing the process. Two of the most essential documents in any divorce are the Divorce Decree and the Divorce Certificate—each serving a distinct purpose.
Many people wonder about the differences between these documents and when they might need them. While both provide proof of a divorce, they have unique legal implications and uses. Understanding these differences can help you navigate post-divorce requirements smoothly.
Here’s a complete breakdown of Divorce Decrees vs. Divorce Certificates and what you need to know.
What Is a Divorce Decree?
As anyone getting divorced knows, it involves time at a local courthouse. A divorce decree is the document required to end a marriage legally. Depending on the state you live in, this information could be referred to as a divorce judgment or judgment of dissolution.
This decree also includes extensive details about divorces, such as:
- Property divisions
- Child support
- Custody arrangements
- Insurance-related information
- Name changes
- Debt divisions
These papers are must-haves in every divorce, even when couples agree on its terms. A divorce decree is also a requirement when couples dispute the terms of their dissolution of matrimony. When couples agree, a judge simply reviews the document before signing off on it. If couples resolve their dissolution of marriage in court, a judge makes final determinations.
What Is a Divorce Certificate?
As mentioned earlier, divorce decrees are court-ordered documents. Divorce certificates are not. Instead, they’re issued by a County Court Clerk or similar court records management office in the locality where the divorce happened.
Unlike divorce decrees, divorce certificates don’t contain nearly as much information. Because of that, this certificate is a simple yet effective enough way to prove a divorce happened.
Divorce Decree vs. a Divorce Certificate: The Differences
- Where It’s Issued: A court (more specifically, a judge) finalizes a divorce decree. Divorce certificates are issued by the vital records office where the divorce was finalized.
- How They’re Used: Both documents can prove a divorce occurred. However, due to the extensive information divorce decrees contain, most people prefer to present a more simple certificate when possible.
- Amount of Information: Divorce certificates include only the basics of these proceedings, including names, dates, and locations. Divorce decrees go into far more detail.
- Availability: A major difference between divorce decrees and divorce certificates involves where you live. Not every state issues divorce certificates. Don’t worry—you can still provide proof of a divorce in these states. You can typically present a divorce decree as adequate proof.
When You Need a Divorce Decree vs. a Divorce Certificate
As mentioned earlier, certificates and decrees serve as legal proof of a divorce. However, instances exist where it’s preferable to present a decree instead of a certificate and vice versa.
When a Divorce Certificate Is Required
In most cases, divorce certificates serve as adequate proof this legal proceeding happened. Because of that, you can use this document when:
- Applying for a travel visa
- Proving you’re not married
- Marrying another person
- Obtaining a passport
Someone may also present a divorce certificate when changing their last name to reflect no longer being married. Once a judge accepts this name change, you must present this document with the local judge’s approval to register your post-divorce surname with the Social Security Administration.
When To Use a Divorce Decree
A common reason to present a divorce decree is when someone named in this proceedings isn’t holding up their end of the deal. In this case, regarding divorce certificates vs. divorce decrees, you’ll need the latter. For example, a distraught mother may present this document after filing a motion if the father isn’t making legally required child support payments.
How to Get a Copy of a Divorce Decree or Certificate
Throughout your life, you may need to present proof that you’re not currently married or divorced. If so, you’ll need a certified copy of a divorce decree or certificate, depending on where you live. In either case, you should have a few options: by mail or in person.
If you choose to receive a divorce certificate or decree by mail, you’ll need to complete and submit an official request form. Visit the appropriate county’s website to view its in-person request instructions, payment amounts, and other critical information.
When discussing the differences between divorce decrees vs. divorce certificates, they share some similarities. One parallel is that you’ll need to pay money to obtain a copy of either document. However, this sum varies based on location. So, check the appropriate vital records department’s website or call for exact prices.
Do you want an easy way to get certified copies of crucial papers? Choose Vital Records Online. We take the guesswork, time, and stress out of completing the steps required to obtain certified copies.