Clerk of Court

Clerk of Court: Custodian of the Court Record

The clerk of court is the official who maintains the records of a court — every filing, order and judgment it issues. For vital records purposes this matters because several documents people think of as vital records are actually court records, held by the court that issued them rather than by the state vital records office.

What the Clerk of Court Holds

• Divorce decrees and the full divorce case file
• Annulment judgments
• Adoption decrees, usually under seal
• Legal name change orders
• Probate filings, wills admitted to probate, and letters appointing an executor
• Guardianship and conservatorship orders
• Any court order directing a state to amend a vital record

Clerk of Court and County Clerk

These are different offices, and mixing them up sends people to the wrong counter. A county clerk is an administrative officer of county government — marriage licences, land records, elections, business filings. A clerk of court is an officer of the judiciary and keeps only what the court produced. In a handful of states one person holds both roles, which is exactly why the confusion persists.

Divorce Is the Common Case

A divorce generates two different documents. The decree is the court’s judgment, with the terms of the dissolution, and it comes from the clerk of court in the county where the case was heard. A divorce certificate is a short state-issued record confirming that the divorce happened, and it comes from the state vital records office. Ask which one an agency needs before ordering — they are not interchangeable, and the decree is the one courts and immigration authorities usually want.

Titles Vary by State

You may see Clerk of the Circuit Court, Clerk of Superior Court, Prothonotary in Pennsylvania and Delaware, or Register in Probate for estate matters. All are the same function under a local name.

Frequently Asked Questions

Can the clerk of court give me a birth certificate?

No. Births are filed with the state vital records office. The clerk holds court records only.

Which office has my divorce decree?

The clerk of court in the county where the divorce was granted — not where you married, and not where you live now.

Are court records public?

Many are, which is a real difference from vital records. Adoption files, juvenile matters and sealed cases are the significant exceptions.

Do I need a certified copy from the clerk?

For anything official, yes. The clerk certifies a copy of a court document much as a registrar certifies a vital record, and a plain copy is usually refused.

Related Terms

County Clerk, Divorce Decree, Divorce Certificate, Court Order, Probate Records