Divorce Decree vs. Divorce Certificate
If you’ve decided you want to get divorced, you probably want to make the process as streamlined as possible.
There is a lot of documentation to review and sign to finalize your divorce. Two documents, divorce decrees and divorce certificates, are vital to understand.
What is a divorce decree?
A divorce decree is a court order that formally concludes a marriage. It includes all the information about the case and the court’s ruling encompassing a divorce. This document usually comprises of a complete list of the agreed-upon terms of a divorce, like child and/ or spousal support, property division, insurance, financial responsibilities, child custody, and other details.
This decree is court-issued. And, should the case go to trial, a judge establishes the conditions of the divorce. If the case is settled by the soon to be ex-spouses, a judge is going to simply examine the legality and fairness of the settlement prior to approving it. After it is approved, a divorce decree is binding and is going to enforce what each party is legally responsible for moving forward.
Why might you require a divorce decree?
A divorce decree is mainly used for finalizing a divorce. There are certain circumstances in which a copy may be necessary. Consider some of the below reasons:
Your spouse is not satisfying their responsibilities: If your spouse isn’t adhering to the orders detailed in the divorce decree, you can utilize the decree for filing a motion to the court petitioning them for enforcing the order.
Name change: If you wish to change your name, you need to petition a name change throughout the court procedures. If a judge approves it, you can utilize the divorce decree to formally change your name through the Social Security Administration.
You need verification of your divorce: There are many cases in which you may need to verify that your divorce got finalized. For instance, you may require a divorce decree to close a shared bank account, refinance a house, or modify the conditions of estate planning documents.
You wish to get remarried: For getting remarried and applying for a new marriage license, you are required to present a reproduction of your divorce decree. It’s against the law to remarry without being formally divorced from the previous spouse in the US.
How to obtain a copy of your divorce decree
Usually, the court is going to mail you a certified copy of your divorce decree or notify you when it’s ready to be collected. You can also petition a copy from the court clerk’s office in the county where the decree was devised.
What is a divorce certificate?
Dissimilar to a decree, a divorce certificate is not court-ordered documentation. The certificate, on the other hand, is formal documentation issued by a state’s bureau of vital records. It is mostly designed for retaining records and includes only the basic details of the divorce proceedings, like names of the people involved and location and date of the divorce.
Why may you need a divorce certificate?
If you want to show verification of divorce, without revealing all the personal information disclosed in divorce decrees, you can utilize a divorce certificate in many cases. A divorce certificate usually can be used for the following:
- Acquiring a passport
- Obtaining a travel visa
- Marriage certificate application
- Name change
- Verifying you are no longer married
How to obtain a copy of your divorce certificate
Not all states will issue a divorce certificate. However, for those that do, you can usually get a free duplicate from your state’s office of vital records. You are going to usually need to petition for a copy either online or in writing.
Source:
- Divorce decree vs. divorce certificate: Comparison. MetLife. (n.d.). https://www.metlife.com/stories/legal/divorce-decree/
Choose the Right Divorce Lawyer in Arizona
Regardless of the choice you make, it’s important you make the best choice for you when hiring a divorce attorney. Remember: The decisions you make now can affect your future. Ultimately, choosing the best lawyer will depend on which lawyer feels best for you and your situation.
If you want to learn about Michelle N. Ogborne and see if she is the right attorney to represent you in your collaborative divorce in Arizona, contact us today!
