Decree vs. certificate of divorce
Some states’ vital records offices issue a certificate of divorce (an abstract showing names, date and county). Most foreign authorities instead want the final judgment of dissolution itself, certified by the clerk, because it shows that the marriage was terminated by a court and when the judgment became final. When in doubt, apostille the court’s certified copy of the full judgment.
Certified vs. exemplified copies
A certified copy bears the clerk’s certification that it is a true copy of the record. An exemplified (or “triple-certified”) copy adds the judge’s attestation of the clerk’s authority and the clerk’s attestation of the judge’s signature. Some countries’ courts — and some U.S. states for certain uses — ask for exemplified copies. Request the form the receiving authority specifies; the apostille is issued either way on the clerk’s signature.
Where the apostille comes from
The competent authority of the state where the court sits. A few states require the clerk’s signature to be certified by a county official or to carry a certificate of incumbency before apostille (Florida attaches one at the state office; New York requires county-level certification for some court records). The state page for the court’s state explains the rule. Federal court divorces do not exist; divorce is always a state matter.
Country notes
- Spain and Italy — to remarry or for citizenship, the apostilled final judgment with a sworn translation; Italy may additionally require the trascrizione of the foreign divorce by the comune, which checks the judgment’s finality.
- Mexico — apostilled judgment with perito traductor translation, registered with the Registro Civil before remarriage.
- Germany — apostilled decree plus a German recognition procedure (Anerkennung) through the state justice administration for divorces outside the EU.
- Dominican Republic, Colombia, Brazil — apostilled judgment; Brazil requires homologação of the foreign divorce by the Superior Tribunal de Justiça for consensual divorces to be registered.
- Philippines — recognition of a foreign divorce requires a court petition in the Philippines using the apostilled decree and the foreign divorce law.
Length and attachments
Judgments can run dozens of pages with settlement agreements attached. The clerk certifies the whole document as one record; one apostille covers it. Do not remove pages after certification.
Common reasons for rejection
- Uncertified copy printed from the court's website
- Certificate of divorce where the judgment is required
- Clerk's certification older than the state's or destination's limit
- Pages removed after certification
- Judgment not yet final (nisi period)
Frequently asked questions
Can I apostille a divorce certificate from vital records instead?
Only if the receiving authority accepts it. Most want the certified court judgment.
The decree is 40 pages. Is that one apostille?
Yes, if certified by the clerk as one record. Fees are per document, not per page.
Do I need the marriage certificate too?
Usually yes — to prove the marriage the decree dissolved and to explain name changes.
