How to Get Divorce Records and Copies

Understanding Divorce Records

Divorce records include the divorce decree, which is the final court order, and the divorce certificate, a shorter document. The decree contains detailed terms like property division and custody. The certificate is often used for official purposes like changing your name.

Depending on your state, the court that handled your divorce keeps the records. Some states also have a vital records office that issues divorce certificates. Knowing which agency has your record is the first step.

• The divorce decree is the full court order.
• The divorce certificate is a summary, often used for ID updates.
• Court clerks or vital records offices typically hold these documents.
• Access rules vary by state and by who is requesting.

Who Can Access Divorce Records

In most states, divorce records are public, meaning anyone can request them. However, some states restrict access to the parties involved, their attorneys, or those with a direct interest. For example, a child of the divorced couple may need to show a reason.

If the record is sealed, which happens in cases involving minors or sensitive information, only the spouses or a court order can access it. Always check your state's rules.

• Public access is common, but not universal.
• Sealed records require special permission.
• You may need to provide identification and a relationship reason.
• State rules vary, so verify before filing a request.

How to Request Records from the Court

Start by identifying the court that granted the divorce. This is usually the county court where you or your spouse lived. You can search online for the court's website or call the clerk's office.

Most courts have a request form for records. You will need to provide names, the case number if you have it, and the approximate date. Fees often apply, and you may pay by mail or in person. Some courts allow online requests.

If you don't know the exact court, try a statewide court database or contact the state court administrator. Be prepared to wait a few days to weeks, depending on the court's workload.

• Find the correct county court.
• Use the court's request form or written request.
• Include names, date, and case number if known.
• Pay the required fee (amounts vary).
• Allow processing time, which can be days to weeks.

Getting a Divorce Certificate from Vital Records

Many states have a vital records office that issues divorce certificates. This is different from the court decree. The certificate is a short form with basic information like names and date of divorce.

To get a certificate, you typically apply to the state's vital records office. You'll need to provide identifying information and pay a fee. Some states allow online orders, while others require a notarized application.

Note that not all states issue divorce certificates. If your state doesn't, the court decree is your official record.

• Check if your state issues divorce certificates.
• Apply to the vital records office, often online or by mail.
• Provide ID and pay the fee.
• If no certificate exists, use the court decree.

Requesting Certified Copies for Legal Use

For legal purposes like remarriage or property claims, you'll need a certified copy. This is a copy with an official seal and signature, proving it's authentic. Certified copies are usually required by government agencies.

When requesting, specify that you need a certified copy. The court or vital records office will stamp it. Some courts offer expedited service for an extra fee, which can be helpful if you have a deadline.

Keep the certified copy safe, as it's often a one-time issuance. You can request additional copies later, but each will cost a fee.

• Certified copies have an official seal.
• Specify 'certified' when ordering.
• Expedited service may be available for a fee.
• Store the copy in a safe place.

Troubleshooting Common Problems

If you can't find the record, it may be under a maiden name or an incorrect spelling. Try searching with variations. Also, records may be archived if the divorce was many years ago.

If the court is closed or records are lost, contact the state archives or the court's administrator. In some cases, you may need to file a motion to reconstruct a record, which is rare.

For out-of-state divorces, you'll need to contact the court in that state. Online databases like those from the National Center for State Courts can help locate courts.

• Search under different name spellings.
• Check with state archives for old records.
• Contact the court administrator for lost records.
• For out-of-state, use online court locators.