How to Get a Certified Divorce Decree
A certified divorce decree is a court document — not a vital record — that proves a marriage was legally dissolved. You'll need it to remarry, change your name back, establish eligibility for certain benefits, or handle immigration matters. This guide explains exactly where to get it and what to do when the courthouse is hard to locate.
Decree vs. certificate: A divorce decree is the full court order that ended the marriage, including any terms about property, custody, and name restoration. A divorce certificate is a shorter summary document issued by the state vital records office. Most agencies accept either, but the decree contains more information and is always accepted. When in doubt, get the decree from the court.
Where Divorce Decrees Are Held
Divorce is a court proceeding, so divorce decrees are held by the court that handled the case — not the state vital records office. Specifically, the record is with the clerk of the court in the county where the divorce was filed.
Which court handled divorces at the time depends on the state and the year:
- Circuit Court — used in many states (Illinois, Michigan, Virginia, Maryland, etc.)
- District Court — used in many western and plains states
- Superior Court — California, Georgia, Washington, Arizona, and others
- Family Court — some states have specialized family courts
- Court of Common Pleas — Ohio, Pennsylvania
In addition to the court, most states also report divorces to the state vital records office, which maintains an index. The state vital records office can usually tell you which county the divorce was filed in, but for the full decree, you need to go to the county court.
Step-by-Step Request Process
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Identify the county where the divorce was filed
Divorce is filed in the county where at least one party was a resident at the time. If you remember which county you lived in, start there. If unsure, contact the state vital records office — they maintain a divorce index and can tell you the county of filing.
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Find the correct court clerk in that county
Search "[county name] [state] clerk of court" or "[county name] [state] circuit court clerk." Most county court clerks have websites with contact information and request instructions. If the court name has changed over the decades, the clerk's office will know where old records are held.
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Request by case number if you have it
If you have any paperwork from the original divorce — an old copy, any correspondence, the signed decree itself — look for the case number. Providing the case number dramatically speeds up the search. If you don't have it, the court can search by name and approximate year.
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Submit your request and pay the fee
Court fees for certified copies of documents typically range from $1–$5 per page, plus a certification fee of $5–$25. A typical divorce decree runs 5–30 pages. Budget $25–$75 for the copy. Some courts offer a shorter "decree of dissolution" summary for a lower fee — ask what's available and what agencies you'll be submitting to.
Getting Old Divorce Decrees
Courts maintain records permanently, but access and digitization vary significantly for older records:
- Divorces from the 1990s–present: Most courts have these digitized or on computer; relatively easy to retrieve.
- Divorces from the 1970s–1980s: May be on microfilm or in paper archives; searchable but may take longer.
- Divorces from the 1950s–1960s: Likely in physical archives; some courts have transferred older records to a separate county archive or records center.
- Pre-1950 divorces: May have been transferred to the state archives. Contact both the county court clerk and the state archives.
When the Court Has Moved or Changed
Courts are reorganized, renamed, and merged over time. If the court you're looking for no longer exists under that name, try:
- Call the county courthouse main number and explain you need an old record — they will know where it was transferred
- Contact the state court administrator's office — they maintain records of court reorganizations
- Search "[county name] court records archive" for the state
What If You Don't Know Which County?
Start with the state vital records office. Most states maintain a divorce index that includes the county of filing. Even states that don't issue divorce certificates directly can tell you where the divorce was registered. With the county identified, go to that court's clerk. If you truly cannot determine the county, and you lived in multiple counties around that time, you may need to contact several county court clerks sequentially — but this is rare.
Divorce Certificate from the State (Shorter Summary)
As an alternative to the full court decree, many states issue a divorce certificate through the vital records office. This is a short document (1 page) that shows the names of both parties, date and county of divorce, and file number. It does not include the terms of the divorce.
For most common purposes — remarrying, name restoration, updating SSA — the state divorce certificate is accepted and is faster and cheaper to obtain than the full decree. For legal purposes (estate, immigration, property disputes) where the terms of the divorce matter, you need the full decree from the court.
| Purpose | Certificate OK? | Full Decree Needed? |
|---|---|---|
| Remarrying (proof of single status) | ✓ Usually OK | Sometimes required |
| Social Security name change back to maiden name | ✓ Yes | Not required |
| USCIS / immigration application | ✓ Usually accepted | May be required |
| Estate / probate involving divorce terms | ✗ Not sufficient | ✓ Required |
| Child custody enforcement | ✗ Not sufficient | ✓ Required |
| Property settlement enforcement | ✗ Not sufficient | ✓ Required |
| Proof of divorce for insurance | ✓ Usually OK | May be preferred |
Frequently Asked Questions
Contact the county court in the county where the divorce was filed in the other state. The process is the same regardless of where you now live. If you don't know the county, start with the state vital records office in the state where the divorce occurred — they can point you to the county. See our out-of-state records guide for the full process.
Yes. Courts can search by name and approximate year. Some courts have a small search fee for this. Provide both parties' names as they appeared at the time — maiden names or names before any previous marriage. Approximate year is helpful but not always required if the names are distinctive enough.
Court fees vary widely. You typically pay per page (often $0.50–$2.00 per page) plus a certification fee ($5–$25). A 10-page decree with certification typically costs $20–$50. Some states have standardized court fees; others leave it to individual counties. Call the court clerk and ask for their current fee schedule before submitting to avoid a rejected payment.
Court records are permanent. Divorces from 50+ years ago are still in the system, though they may be in physical archives rather than digital files. They may take longer to retrieve and may only be available in paper form. Contact the county court clerk — they will know whether the records have been moved to a storage facility and how to request them.
Yes. Both parties named in the divorce have the right to obtain copies of court records from their own case. Court records are generally public records, and in most states, any member of the public can request copies of court documents (though certain sensitive attachments may be sealed). The fact that you were divorced is not a private matter — it is part of the public court record.