Every couple says ‘I do’ with a promise of staying by each other’s sides forever. However, for a few, the marriage turns out to be a recipe for disaster, making the two parties call it quits through a divorce decree. The divorce decree is the dissolution of matrimony i.e., an end to the legal commitments of marriage. Hence, divorce in legal terms would be considered official through a divorce certificate or divorce decree. However, in order to prove the divorce to a foreign authority you would need to Apostille your divorce decree. To understand how, it is pertinent to understand the difference between divorce decree and a divorce certificate first.
The divorce decree is the legal document written and established by your local court. For instance, if you got divorced in California, the divorce decree would be issued from the superior court from the state of California. The court is responsible for establishing the terms and conditions for your divorce. This document would be a judgement by the court and thence would be signed by the judge. Once issued, you need to file it with your local county clerk of the country. For instance, County clerk of California would be responsible for your divorce decree if you got divorced in California.
It is a short document issued at the County that proves that the divorce took place indeed. The divorce certificate also included the facts about when and where it took place. Certified copies of this document make it to the state archive for proofs of divorce between two parties.
**Note: If you had hired an attorney to help you with your divorce, your attorney should have supplied you with a certified copy of your divorce decree. If not, your attorney can obtain one from the court and overnight it to your location or recommend a service which can obtain a certified copy from the court directly.
Apostille for Divorce Decree
The reason why any foreign country signatory to the 1961 Hague Apostille Convention would be to make sure that you’re indeed single and eligible to remarry. You would be asked to Apostille your certified divorce decree issued by your local County clerk for legislation processes in a foreign country. In addition, you may also be asked to submit complementary documents such as birth certificate Apostille, FBI background check Apostille, etc.
A divorce decree must include:
- Must have seal (blue/purple in color) of the Superior Court
- Certified copy issued from the Superior Court
- Seal, signature, and name of Deputy Clerk
Apostilles can be complicated. Don’t leave this process to untrained employees or non-professionals who do not fully understand the Apostille process and the unique requirements of certain countries. Your paperwork could be rejected costing you time and money. Don’t let this happen to you!
If you’re unsure on how to proceed for your divorce decree Apostille, you may contact our attorney to Apostille your divorce documents by downloading and submitting the Apostille form below.
Download the Apostille Form here