If you need to apply for a marriage green card and have prior marriages, you’ll need to provide a divorce decree or other relevant documents. This guide walks you through obtaining your divorce decree and alternative options if it’s missing.
Understanding the Divorce Decree
A divorce decree is a formal court document that finalizes the termination of a marriage. It includes crucial details such as child custody arrangements, property division, and spousal support terms. This document serves as proof that the marriage has been legally dissolved and is often required for various administrative and legal purposes.
Steps to Obtain a Divorce Decree Copy
- Verify Eligibility and Waiting Period
Ensure that your divorce has been finalized and that the required waiting period has passed. Some jurisdictions may have specific waiting periods before you can request a copy of your divorce decree.
- Identify the Issuing Court
Determine which court issued your divorce decree. This is typically the court where the divorce proceedings were finalized. If you are unsure, you can often find this information in your divorce records or by contacting your attorney.
- Request the Application Form
Obtain the application form needed to request a divorce decree from the court’s clerk’s office or their website. Each jurisdiction may have its specific form, so make sure to get the correct one.
- Complete the Application
Accurately fill out the application form with details such as:
- Names of both parties
- Date of the divorce
- Location (court) where the divorce was finalized
- Purpose for requesting the decree
Double-check all details to avoid delays in processing.
- Provide Identification
Submit copies of valid identification, such as a driver’s license or passport, to confirm your identity. This step is crucial to ensure that the request is legitimate.
- Pay Required Fees
Different jurisdictions have varying fees for processing divorce decree requests. Check with the court for the exact amount and acceptable payment methods. Fees must typically be paid at the time of submitting your application.
- Submit Your Request
Submit the completed application form, identification, and payment to the court clerk’s office. Some courts allow requests to be mailed or submitted online, so verify the submission options available in your jurisdiction.
- Wait for Processing
Processing times can vary widely depending on the court’s workload and the method of submission. Contact the court to get an estimated timeframe for when you can expect to receive your decree.
- Receive Your Divorce Decree
Once processed, you will receive your divorce decree by mail or in person, depending on the court’s procedures. Ensure you follow up if you do not receive it within the expected timeframe.
Where to Request a Divorce Decree
In the United States:
- From the Court: Request a copy from the court where your divorce was finalized. Many courts offer online search tools for locating divorce documents.
- From State Vital Records Office: Alternatively, you can request a copy from the state vital records office where the divorce was finalized. The CDC website provides information on addresses and fees for each state’s vital records office.
Abroad:
- If your divorce was finalized outside the U.S., you will need to request a copy from the appropriate authority in the country where the divorce was granted. The U.S. Department of State’s website can help you find contact information and procedures for obtaining documents from foreign authorities.
Alternative Documents
If obtaining an official copy of your divorce decree is not possible, you may need to provide alternative documentation:
- Notarized Personal Affidavit
- Write an affidavit explaining the facts of your marriage and the reasons you are unable to obtain the official decree.
- Certified Statement from a Government Agency
- Obtain a certified statement from the relevant government agency explaining why the divorce decree cannot be issued.
- Affidavit from a Close Relative
- If a certified statement is not possible, provide an affidavit from a close relative or parent who has personal knowledge of your marriage. The affidavit should include:
- Their relationship to you
- How they know you
- Their knowledge of the marriage details
- If a certified statement is not possible, provide an affidavit from a close relative or parent who has personal knowledge of your marriage. The affidavit should include:
Importance of a Divorce Decree
- Legal Proof: Validates that the marriage has been legally dissolved.
- Administrative Use: Required for updating personal records, such as driver’s licenses, passports, and social security information.
- Financial Matters: Necessary for managing financial obligations, dividing assets, and handling debts.
- Child Support and Custody: May be needed to verify parental status and responsibilities in custody or support cases.
Obtaining a divorce decree copy involves several steps, from verifying your eligibility and identifying the issuing court to completing the application and paying fees. By following these detailed instructions, you can efficiently secure your divorce decree and manage any related administrative and legal matters.
FAQs: Obtaining a Divorce Decree Copy
Have more questions about how to obtain a divorce decree copy? Read answers to common questions below.
What if I don’t remember which court handled my divorce?
If you’re unsure which court issued your divorce decree, you can often find this information by contacting your attorney or checking with the state or local vital records office. Many jurisdictions also offer online search tools to help locate divorce records.
Can I obtain a copy of my divorce decree online?
Many jurisdictions allow you to request a divorce decree online through the court’s website or the state vital records office. Check the specific procedures for your location.
How long does it take to receive a copy of my divorce decree?
Processing times vary by jurisdiction and method of submission. It can range from a few days to several weeks. Contact the court or vital records office for an estimated processing time.
What should I do if I cannot find my divorce decree and the court cannot provide a copy?
If you cannot obtain a copy from the court, you may need to provide alternative documentation such as a notarized personal affidavit or a certified statement from a government agency. Consult with the court or legal professionals for guidance.
Can anyone request a copy of a divorce decree?
Divorce decrees are typically public records, meaning that anyone can request a copy by paying the required fee and submitting the necessary forms. However, some jurisdictions may require a signed and notarized document from one of the parties involved.
What if my divorce decree is not in English?
If your divorce decree is not in English, you will need to provide a certified translation of the document along with your request. The translation should be completed by a certified translator.
Is there a way to expedite the process of obtaining a divorce decree?
Some jurisdictions offer expedited services for an additional fee. Inquire with the court or vital records office about available expedited options and associated costs.
Related Resources
- Change Name on Green Card After Marriage or Divorce
- Divorce After Green Card Through Marriage
- K-1 Visa vs. Marriage Green Card: Everything you Need to Know
- How to Get a Marriage Green Card in US
