Divorce Decree Apostille: Complete State-by-State Guide

A divorce decree (sometimes called a Judgment of Dissolution or Final Judgment) is the court order that legally ends a marriage and sets the terms for property division, custody, support, and other obligations. When you need to use that court order outside the United States—for remarriage abroad, spousal or family visas, custody filings, pensions, inheritance, or banking and property matters—foreign authorities usually require an apostille (or embassy legalization if the destination is not in the Hague Convention). This page explains how to apostille a divorce decree correctly the first time, what kind of copy you need, where to submit it, how long it takes, and the common mistakes that cause costly delays. You’ll also find state-by-state links so you can move forward immediately.

What Is a Divorce Decree Apostille?

An apostille is a certificate used by countries in the Hague Apostille Convention to verify the authenticity of a public document’s signature and seal. For court documents like a divorce decree, the apostille confirms that the decree was issued by a legitimate court and bears the proper Clerk of Court (and in some states, presiding judge) signature or stamp. With the apostille attached, a foreign authority can accept the decree as genuine without additional local verification.

If your destination isn’t in the Hague Convention, the process is typically authentication + legalization. First, the state authenticates the court document; then, the destination country’s embassy or consulate adds a legalization stamp. Functionally, it achieves the same goal: your decree is recognized abroad.

When You Need One

Foreign authorities commonly request an apostilled divorce decree for:

• Remarriage abroad (civil registry must confirm prior marriage was legally dissolved)
• Spousal, fiancé(e), or family visas (immigration offices verify marital history)
• Child custody, guardianship, and relocation matters before foreign courts
• Name change recognition or restoration of maiden name abroad
• Property, inheritance, and pension/benefit claims in another country
• Banking and tax administration that requires proof of marital status

Divorce Decree vs. Divorce Certificate

Many jurisdictions can issue both a divorce decree and a divorce certificate, but these are not the same and they serve different purposes. Understanding the difference helps you avoid rejections abroad.

Document	What It Is	Issued By	Typical International Acceptance	Best Use
Divorce Decree (Judgment)	The full, court-signed order dissolving the marriage; may include terms for property, custody, support, and final judgment language.	State court (Clerk of Court retains record; judge signs order)	Highest — preferred by foreign registries and courts	Remarriage, immigration, custody, complex legal matters
Divorce Certificate	A brief, vital-records style confirmation that a divorce occurred, with basic facts (names, date, place).	Vital records office (in some states) or court	Variable — sometimes accepted, often insufficient alone	Basic proof the divorce occurred; not a substitute for the decree when details are needed

When in doubt, obtain and apostille the divorce decree. It contains the operative language foreign authorities tend to request and accept.

Which Copies Qualify (Certified Court Copies vs. Photocopies)

A key reason for rejection is sending the wrong type of copy. Courts maintain the official record; the copy you submit for apostille must be certified by the Clerk of Court (and, where required, by the presiding judge or court seal). Photocopies and uncertified scans are usually not acceptable.

Copy Type	Description	Eligible for Apostille?	Guidance
Certified Court Copy	Stamped/signed by the Clerk of Court with seal; sometimes includes a certification page or embossed stamp.	Yes	Order directly from the court that issued the decree; request a fresh certification.
Plain Photocopy or Scan	Uncertified photocopy or printout of the decree.	No	Not acceptable on its own. Convert to a certified copy at the court.
Vital Records “Divorce Certificate”	Short confirmation of divorce; not the full judgment.	Sometimes	Varies by destination; decree is generally safer for international use.

Step-by-Step: How to Apostille a Divorce Decree

1. Request a Certified Court Copy
   Contact the Clerk of Court where the divorce was finalized and request a certified copy of the final judgment or decree. Ask for a version with the most current certification page and court seal. If the decree is voluminous, some courts can issue a shortened “certified excerpt” that still contains the final judgment language; confirm what your destination will accept.
2. Verify the Certifying Official
   The state apostille office will match the clerk/judge signature and seal against specimens on file. If the name/title on your certification has changed (e.g., new clerk), request a re-issue signed by a current authorized official.
3. Submit to the Correct State Apostille Authority
   Court documents are apostilled by the Secretary of State in the state of issuance. Include any required request form, identification, and fee. If mailing, add a prepaid, trackable return envelope.
4. Choose the Submission Method
   Mail-in is slower and unforgiving of mistakes. Walk-in options are limited and can involve long lines. A courier can pre-check your documents for eligibility, deliver in person, and pick up as soon as the apostille is ready.
5. Receive the Apostille
   The court-certified decree will be returned with an apostille attached. If your destination country is not in the Hague Convention, proceed with embassy/consular legalization as the next step.

State vs. Federal: Send It to the Right Place

A divorce decree is a state court document. It must be apostilled by the Secretary of State for the state where the court issued the decree. Do not send it to the U.S. Department of State in Washington, DC—that office handles federal records (FBI, USDA, FDA, USPTO, and similar), not state court judgments.

Document	Issued By	Apostille/Authentication Authority
Divorce Decree (Judgment)	State court (Clerk of Court)	Secretary of State (same state)
Birth/Marriage/Death Certificates	State or county vital records	Secretary of State (same state)
FBI Background Check	Federal (CJIS)	U.S. Department of State (Washington, DC)
USDA/FDA/USPTO Certificates	Federal agencies	U.S. Department of State (Washington, DC)

State-by-State Quick Links

Select the state where your divorce was finalized to view state-specific instructions.

Alabama Apostille Services	Alaska Apostille Services	Arizona Apostille Services
Arkansas Apostille Services	California Apostille Services	Colorado Apostille Services
Connecticut Apostille Services	Delaware Apostille Services	District of Columbia Apostille Services
Florida Apostille Services	Georgia Apostille Services	Hawaii Apostille Services
Idaho Apostille Services	Illinois Apostille Services	Indiana Apostille Services
Iowa Apostille Services	Kansas Apostille Services	Kentucky Apostille Services
Louisiana Apostille Services	Maine Apostille Services	Maryland Apostille Services
Massachusetts Apostille Services	Michigan Apostille Services	Minnesota Apostille Services
Mississippi Apostille Services	Missouri Apostille Services	Montana Apostille Services
Nebraska Apostille Services	Nevada Apostille Services	New Hampshire Apostille Services
New Jersey Apostille Services	New Mexico Apostille Services	New York Apostille Services
North Carolina Apostille Services	North Dakota Apostille Services	Ohio Apostille Services
Oklahoma Apostille Services	Oregon Apostille Services	Pennsylvania Apostille Services
Rhode Island Apostille Services	South Carolina Apostille Services	South Dakota Apostille Services
Tennessee Apostille Services	Texas Apostille Services	Utah Apostille Services
Vermont Apostille Services	Virginia Apostille Services	Washington Apostille Services
West Virginia Apostille Services	Wisconsin Apostille Services	Wyoming Apostille Services

Timing, Fees & Shipping

Turnaround time and cost vary by state and submission method:

• Mail-in: Often 1–4 weeks. If a form, fee, or signature is wrong, the packet is returned without processing.
• Walk-in: Faster in states that offer over-the-counter service, but hours can be limited and lines unpredictable.
• Courier submission: Typically the fastest. We pre-check eligibility, deliver in person, and pick up as soon as documents are ready—then send same-day scans.

State apostille fees range from low double digits to $100+ per document depending on jurisdiction. Add costs for certified court copies and shipping. Professional handling includes review, preparation, submission, pickup, scans on completion, and secure return delivery—valuable when facing fixed consulate or court deadlines.

Translations & Multi-Country Use

Many destinations require a certified translation of your apostilled divorce decree. Some accept English; others require the local language or a sworn/court-certified translation. If multiple foreign authorities will request originals, order extra certified court copies and apostille each one separately so you can supply originals without waiting for returns.

Scenario	Recommended Approach
Single Hague country	State apostille + certified translation (if required by that country).
Several Hague countries	Obtain multiple certified court copies; apostille and deploy as requested.
Non-Hague country	State authentication/apostille + embassy/consulate legalization + translation.

Special Cases: Old, Sealed, or Lost Decrees

Old Decrees

Older judgments are usually still valid. However, if the clerk or judge who certified your copy is no longer in office, the apostille office may not have that signature on file. The solution is simple: ask the Clerk of Court to issue a new certified copy bearing the current authorized signature and seal.

Sealed/Confidential Sections

Some decrees contain confidential attachments (financial affidavits, medical reports). Foreign authorities rarely need those. Request a certified version that includes the final judgment and operative pages but omits sensitive exhibits, unless explicitly required.

Lost Decrees

If you no longer have your decree, contact the court that issued it to request a certified copy. If you’re uncertain which county handled the case, start with the county of residence at the time of divorce, or check state court indexes where available.

Multi-State History

If the marriage occurred in one state but the divorce occurred in another, apostille the decree in the state where the divorce was finalized. If a foreign authority also requests proof of marriage and dissolution, be prepared to provide a marriage certificate apostille in the state of marriage and a divorce decree apostille in the state of divorce.

Pre-Submission Quality Checklist

• ✅ Certified court copy of the divorce decree (final judgment language included)
• ✅ Clerk/judge signature & seal clearly visible and current
• ✅ No tears, stains, or heavy creases affecting the seal or text
• ✅ Correct state apostille request form completed in full
• ✅ Correct fee enclosed or paid per state instructions
• ✅ Prepaid trackable return envelope if mailing
• ✅ For non-Hague destinations: plan embassy/consulate legalization after state authentication
• ✅ If translation required: arrange a compliant certified translation in parallel
• ✅ Order extra certified copies if multiple agencies will need originals

Common Mistakes to Avoid

• Sending a photocopy or printout instead of a certified court copy with seal.
• Submitting to the wrong office (divorce decrees are apostilled by the state where the court issued the decree, not by Washington, DC).
• Using an outdated certification with a clerk signature no longer on file.
• Confusing the divorce certificate with the decree when the foreign authority needs the full judgment.
• Missing fees or incomplete forms, which leads to returns without processing.
• Assuming same-day service exists statewide; walk-in capacity and hours vary and are often limited.
• Ignoring translation requirements or providing the wrong translation format.
• Not ordering extra court-certified copies when multiple authorities need originals at the same time.

Client Story

A client planned to remarry overseas and needed proof that the prior marriage was legally dissolved. He mailed a photocopy of an old decree to the state apostille office. The packet was returned unprocessed. He then mailed a vital-records “divorce certificate,” which the foreign registry rejected as insufficient. With his ceremony date approaching, he switched to professional handling. We obtained a fresh court-certified decree with current clerk signature, confirmed the signer on file, completed the state request, delivered it in person, and sent scans upon completion. The original arrived by priority shipping, and the marriage registry approved it on the first attempt.

Frequently Asked Questions

Do I need the original or a certified copy?

You need a certified court copy of the final judgment/decree from the court that issued it. Photocopies or uncertified scans are not eligible for apostille.

Is a “divorce certificate” acceptable instead of the decree?

Sometimes, but many foreign authorities require the full decree because it contains the operative judgment language. When unsure, apostille the decree.

How long does the apostille take?

Mail-in typically takes 1–4 weeks (longer in peak periods). Walk-in varies by state. Courier submission is usually fastest because documents are pre-checked and delivered in person; pickup is immediate when ready.

What does it cost?

State apostille fees vary by jurisdiction. Add court copy fees and shipping. Professional handling includes review, preparation, submission, pickup, scans on completion, and secure return.

My destination isn’t in the Hague Convention. What now?

Use the authentication + legalization path: state authentication/apostille first, then embassy/consulate legalization for the destination country. We can manage both steps.

Do I send documents to Washington, DC?

No. Divorce decrees are state court documents and must be apostilled by the Secretary of State in the state where the court issued the decree.

Do I need a translation?

Many countries require a certified translation. Some specify sworn/court-certified translators. Arrange translation in parallel to avoid delays.

Can I apostille an old decree?

Yes, but you may need a fresh court certification so the clerk’s signature matches what the state has on file. Request a new certified copy if necessary.

What if my divorce was abroad?

Generally, you apostille or legalize a document in the country that issued it. A foreign decree is typically apostilled/legalized by that country. If you later registered the divorce with a U.S. court, the U.S. record can be apostilled by the state.

Should I order extra copies?

If multiple authorities will need originals, order several court-certified copies and apostille each one. This avoids bottlenecks and repeat ordering.

Helpful Resources

• U.S. State Courts Directory: NCSC — State Court Websites
• Hague Apostille Convention (country list): HCCH Status Table
• Federal Authentications (for federal documents only): U.S. Department of State — Authentications
• Popular State Pages: California, Florida, New York, Texas

Get Help Today

International filings move faster when the correct court-certified decree is submitted to the correct state office on the first try. Using a fresh certification, completing state-specific forms and fees accurately, and planning translations in advance will keep you on schedule. If a consulate, court, or registry deadline is approaching, let trained specialists prepare and submit your documents without trial and error.

Disclaimer: This guide provides general information. Court and state apostille requirements, fees, and processing times can change without notice. Always follow current state instructions or ask us to confirm them for you.