Before seeking a divorce certificate, you should understand two different types of divorce records. One of the documents is called a divorce decree and is prepared by the court setting forth the terms and conditions of the divorce. The record is signed by the judge and filed with the county clerk's office of the county where the decree was issued. The second document that may be obtained is called a divorce certificate, which contains basic information about the husband and wife and the date the marriage ended. If you need a copy of your divorce certificate, you may request it from the state where your divorce took place. Each state requires basic information, such as the names of the former husband and wife, the date of the divorce and the reason for your request. Only the husband, wife, or someone who has a court order may obtain a copy of the certificate.
Each state tracks marriages that end by a divorce certificate filed with the state health department. The certificate contains basic information about the husband and wife, and the date and place the marriage ended. The individual states, rather than the federal government, set laws and keep records on marriage and divorce, which means that procedures on how to obtain the certificate vary. To obtain a divorce certificate you will need to write or visit of the vital statistics office, usually part of the health department, or consult its website in the state where the divorce occurred. If you choose to write to the office, include the date of your request, the full name of husband, with the last name capitalized, the full name of the wife, with her maiden name capitalized, the date and place of the divorce, the type of final decree, your relationship to the parties, the purpose for which you need the record, your name and address, your driver's license and your signature. You can also provide this information online or on the phone. You should also be prepared to explain why you want the records and your relationship to the divorced parties. The clerk may require written authorization with the request, and for you to explain clearly the relationship of the authorizing party to one of the persons named in the record. An uncertified divorce record will provide the same information as a certified copy, but is not acceptable for purposes such as remarriage. You will also be required to pay a small fee by either check or money order to obtain the copy.
Obtaining a divorce certificate is also vital when wishing to immigrate. One important step in the preparation of applications for immigration benefits is obtaining certified divorce and certificates. In order for the wife to adjust her status, she will need certified copies of her husband's birth certificate, their marriage certificate, the divorce decree from her first marriage and their child's birth certificate. The main way to determine if a divorce will impact your immigration petition is to analyze the type of the immigration petition you are filing and determine what role a divorce will hold.
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