Apostille50

Divorce Decree Apostille

Requires a state apostille

What Is a Divorce Decree Apostille?

A divorce decree apostille is a state-issued authentication certificate attached to a US divorce decree, certifying the document’s authenticity for use in any country that is a signatory to the Hague Convention of 1961. The apostille is a standardized international form – a square stamp or printed certificate roughly 9 cm on each side – that is recognized in all 120+ Hague member countries without further authentication.

Once apostilled, a US divorce decree is accepted in foreign jurisdictions as an officially authenticated record of marital dissolution. This is particularly important for people who wish to remarry abroad, prove marital status for immigration purposes, or resolve cross-border financial matters tied to a prior marriage.

Why Apostille a Divorce Decree?

Divorce decrees are required in many international legal and administrative processes where marital status matters. Common situations that require an apostilled US divorce decree include:

  • Remarriage abroad – most countries require proof that any prior marriages were legally dissolved before allowing a new marriage
  • Spousal visa applications – establishing that a prior marriage has ended before sponsoring a new spouse
  • Spousal sponsorship in a third country – Canadian spousal sponsorship, UK spouse visas, and similar programs require proof of prior divorce
  • Name change after divorce – using a maiden name or other post-divorce name abroad
  • Property and inheritance matters – dividing real property, retirement accounts, or business interests in foreign jurisdictions
  • Foreign tax filings – filing as single, head of household, or divorced in foreign jurisdictions
  • Dual citizenship applications – establishing family history and marital status as part of citizenship claims
  • Adoption proceedings – proving eligibility to adopt as a single parent or with a new spouse
  • Spousal benefits and pension claims – dividing or claiming pension benefits through a foreign spouse’s plan
  • Estate settlement – closing out joint accounts, property, and obligations tied to the prior marriage

State Apostille, Not Federal

US divorce decrees are state-issued court documents. They are apostilled by the Secretary of State in the state where the divorce was finalized, not by the US Department of State.

A divorce finalized in California gets a California apostille, even if the parties now live in Texas, Mexico, or Germany. The state where the divorce was granted – not the residence of either party – determines which state issues the apostille.

Note: The divorce decree is distinct from a divorce certificate. Some states issue a separate divorce certificate through the vital records office, which is a one-page summary document. When in doubt, the divorce decree (the full court order) is the more universally accepted document for apostille purposes.

Step 1: Obtain a Certified Copy From the Court Clerk

Before the apostille can be issued, you need a certified copy of the divorce decree – not a photocopy and not an abstract or summary. A certified copy is issued by the court clerk’s office in the county where the divorce was finalized and bears:

  • The clerk’s official signature
  • A raised or embossed court seal
  • The case number and parties’ names
  • The full text of the court’s order (typically including the judgment of dissolution, property division, custody arrangements if applicable, and any other provisions)

If you don’t have a certified copy, request one from the court clerk in the county where the divorce was granted. Most courts allow mail-in requests for a small fee.

If your divorce was finalized in a different state and you don’t know which county court handled it, the Secretary of State of that state can typically help you identify the correct court.

Step 2: Verify Your Certified Copy Is Authentic

To be apostille-eligible, the certified copy must pass the state’s authentication checks. Common signs of a genuine certified copy:

Certified Copy Photocopy
Court clerk’s signature and seal No signature or seal
Raised or embossed court seal No raised textures
Official court paper Standard paper
Original or conformed signature Photocopied signature
Cut to size Cropped or uneven

Multi-page decrees are common – the apostille is attached to the certified copy as a whole, not to individual pages.

Step 3: Submit to the Secretary of State

Once you have a valid certified copy, it must be submitted to the Secretary of State in the state where the divorce was finalized. Apostille50 handles this entire step for you – you mail your certified copy to us, and we submit it to the correct state on your behalf.

The Secretary of State verifies the court clerk’s signature against their records, then affixes an apostille certificate to the document.

Which State Apostilles My Divorce Decree?

The apostille is issued by the state where the divorce was finalized in court – that is, the state whose court system issued the decree. This is true even if:

  • Either party now lives in a different state or country
  • The marriage took place in a different state
  • The property or financial issues were governed by a different state’s law

For example, a couple married in Hawaii who divorced in California and now lives in Florida must obtain a California state apostille, not a Florida apostille.

If you don’t know which state issued your divorce decree, the certified copy itself will list the court of issuance (typically at the top or in the case caption).

Document Requirements

To apostille a divorce decree through Apostille50, you need to provide:

  • One certified copy of the divorce decree issued by the court clerk
  • Trackable return shipping envelope if you are not within the continental US
  • Order confirmation showing the destination country

Photocopies, abstracts, and uncertified printouts of the decree are not eligible. Only certified copies from the court clerk can be apostilled.

If your decree was sealed, you must first obtain an unsealed certified copy through a court order before it can be apostilled.

Common Rejection Reasons

The Secretary of State will reject a divorce decree submission if:

  • The document is a photocopy rather than a certified copy
  • The certified copy is from a different state than the one issuing the apostille
  • The certified copy lacks the court clerk’s signature or seal
  • The decree was sealed and not properly unsealed
  • The document has been altered, defaced, or contains handwritten modifications
  • The certified copy is on incorrect paper

If your submission is rejected, Apostille50 will contact you and recommend next steps.

Processing Time

Divorce decree apostille processing times vary by state:

  • Same-day to 3 business days – a few states offer expedited or in-person service
  • 5 to 10 business days – typical for most states processing mailed-in requests
  • 2 to 4 weeks – slower states, or during peak seasonal volume

Pricing

Divorce Decree apostille pricing through Apostille50:

Component Amount
Service charge (per order) $100.00
State fee (varies by state) $1 to $50
Return shipping (US) Included
Total for a single divorce decree $101 to $150

The state fee depends on which state issued the divorce decree, with a median fee of $10 per apostille. See the Order tool for the exact fee in your state.

Common Destination Countries

While any Hague Convention country accepts an apostilled US divorce decree, certain countries see especially high demand:

  • Mexico – remarriage recognition
  • Italy – remarriage and citizenship matters
  • Spain – remarriage and residency
  • Germany – remarriage and pension matters
  • France – remarriage
  • Canada – spousal sponsorship after prior divorce
  • United Kingdom – spouse visa applications
  • Brazil – remarriage and dual citizenship
  • Philippines – remarriage and family registration
  • Japan – remarriage and family registration (koseki)
  • Argentina – remarriage and dual citizenship

Many of these countries specifically require proof of dissolution of all prior marriages before allowing a new marriage to be registered.

Special Cases

Sealed Divorce Decrees

Some divorce decrees are sealed by court order – typically in cases involving confidential financial information, protected parties, or specific judicial orders. A sealed decree cannot be apostilled in its sealed form. To apostille a sealed decree, you must first obtain a court order to unseal the decree (or portions of it) and then obtain a certified copy of the unsealed decree.

Divorce Decrees From Before Computerized Records

Older divorce decrees (pre-1980s in many states) may exist only in paper form at the courthouse. Some states have digitized older records, but others require in-person visits to the court clerk to obtain certified copies. Apostille50 can still apostille these documents once you have the certified copy – we just need the certified copy mailed to us.

Multi-State Divorces

In rare cases, a divorce may involve multiple states – for example, if a custody dispute was transferred between states after the initial filing. The state that issued the final decree is the one that apostilles. Any subsequent orders from other states (such as modified custody arrangements) would need separate apostilles from those states.

Foreign Divorces

If you were divorced outside the United States, the foreign divorce decree is the official record. Apostilling a US state decree is not possible because no US state was involved. The foreign decree typically needs to be legalized through the destination country’s embassy or consulate, not apostilled. See our legalization service page.

Annulments vs. Divorce Decrees

An annulment is a court order declaring that a marriage was never valid. Annulment orders follow the same apostille process as divorce decrees – they are state court orders and require a certified copy from the court clerk in the state that issued the annulment.

How to Order

To order a Divorce Decree apostille through Apostille50:

1. Add the state where the divorce was finalized to your order on the Order page 2. Select your destination country (this confirms Hague status) 3. Complete checkout – you’ll receive an order confirmation email 4. Mail your divorce decree to:

Apostille50
PO BOX 160
Germantown, MD 20875

5. Once we receive your document, we submit it to the correct state and return it apostilled by trackable mail

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