How to Get a Divorce Decree from Another State
If your divorce was finalized in a state where you no longer live, you still need to get the certified decree from that state's county court — not from your current home state. This guide walks through the entire cross-state process for divorce decrees.
Divorce records are court documents, not vital records. Go to the county courthouse where the divorce was filed — not the state health department. The state vital records office maintains an index of divorces but usually does not hold the full decree.
Step 1: Find the State, Then the County
Divorce is filed in the county where at least one party lived at the time. If you remember your address when you divorced, you have your county. If you're unsure:
- Contact the state vital records office in the state where the divorce occurred — they maintain a statewide divorce index and can tell you which county holds the record
- Think about which city/county you were living in at the time the divorce was filed — the filing party's county of residence is almost always the county of filing
- Old tax returns, lease agreements, or bank statements from that period may show your address and confirm the county
Step 2: Find the County Court Clerk
Search "[county name] [state] clerk of court" or "[county name] [state] court records." The court that handles divorces varies by state:
- Superior Court — California, Washington, Arizona, Georgia
- Circuit Court — Illinois, Michigan, Virginia, Maryland, Florida
- District Court — Colorado, Kansas, Nebraska, many western states
- Court of Common Pleas — Ohio, Pennsylvania
- Family Court — many states have specialized family courts for divorces filed after a certain year
Call the clerk's office before mailing anything. Ask: (1) Do you hold divorce records from [year]? (2) What is your current process for requesting a certified copy? (3) What is your current fee?
Step 3: Submit Your Request
Most county court clerks accept mail-in requests for certified copies of court records. You'll typically need:
- A written request identifying the case: both parties' full names and the approximate year of the divorce
- The case number, if you have it — significantly speeds up the search
- A copy of your government-issued photo ID
- Payment — court fees are typically $1–$5 per page plus a $5–$25 certification fee; call to confirm before sending
- A self-addressed stamped return envelope (many courts still request this for mail returns)
Specify clearly that you want a certified copy of the final divorce decree. An uncertified copy is not accepted for most legal purposes.
Processing Times for Out-of-State Court Requests
Unlike vital records offices, county court clerks don't publish standard processing times as consistently. Typical ranges:
- Small/rural county courts: 1–3 weeks for mail requests (lower volume)
- Large urban courts: 3–8 weeks (higher volume, more backlogs)
- Courts with older undigitized records: 4–12 weeks (physical archive retrieval)
If your request is urgent, ask whether the court has a priority or walk-in option. For truly urgent needs (pending remarriage, immigration deadline), consider hiring a local document retrieval service or attorney in that county to expedite the in-person request.
When the Court Has Been Reorganized or Moved
Courts merge, rename, and transfer records over time. If you can't find the specific court under the name you remember:
- Search the state court system's official website for the county — most state courts have a directory showing current court structure
- Call the current courthouse in that county and explain you're looking for old records — they'll know where records from reorganized courts were transferred
- The state court administrator's office maintains records of court reorganizations and can direct you to the current custodian
Alternative: State Divorce Certificate
If you only need proof that a divorce occurred (not the full terms), the state vital records office may issue a short-form divorce certificate — a one-page summary with the parties' names, date, and county of the divorce. This is accepted for remarriage applications and SSA name changes in most states, and is easier to obtain than the full decree from the county court.
For legal purposes requiring the actual terms (property settlement, custody orders, name restoration language), you need the full decree from the county court.
Frequently Asked Questions
Requirements vary by state and officiant. Most states only require you to attest that you are legally free to marry when you apply for a marriage license — you don't submit the divorce decree to the county clerk. However, some states do require documentation of the prior divorce termination date. Check your current state's marriage license requirements. Religious ceremonies may have additional requirements depending on the denomination.
Foreign divorce decrees are not automatically recognized in every US state. Most states recognize foreign divorces if they were obtained through a process that afforded both parties due process — but some require you to register the foreign decree with a US court. Consult an attorney in your current state. For immigration purposes, USCIS requires a certified copy of the foreign decree with a certified English translation.
Case numbering systems change over time and between courts. Ask the clerk to search by both parties' names and the year instead. Also confirm you're contacting the right court — family court vs. circuit court vs. district court — as different court types may have handled divorces in different eras in that state. If you have any documents from the original divorce (even just an envelope from the attorney or court), check the letterhead for the exact court name.