The Difference Between Divorce Decrees and Certificates
Divorce decrees and certificates are records of divorce. Here’s what you need to know about the difference between divorce decrees versus certificates.
Divorce decrees are the final ruling on a divorce the court issues and finalize divorce. Decrees include the facts of divorce, marital settlement agreements, all information concerning the divorce proceedings, and have expansive uses. Divorce certificates do not finalize divorces, are not court issued, and only contain identifying information of former spouses and the date/place of divorce.
Divorce Decree
The divorce process ends once the court issues a divorce decree. Courts enter a divorce decree once a judge approves a marital settlement agreement. The decree is final once the judge signs. Divorce decrees include all information about the divorce, including marital settlement and continuing legal obligations of both spouses.
Certified copies of a divorce decree may be requested from the court clerk. Divorce decrees are confidential documents and only parties part of the divorce process may receive the copy.
Related: Marital Settlement Agreement vs. Divorce Decree
What Is Included in a Divorce Decree?
All information pertinent to the divorce is included in divorce decrees. This includes:
- Identifying information of spouses and their children
- Attorneys involved
- Case number
- Basic facts of divorce
- Judge’s name
- Court’s address and telephone number
- Official end date of marriage
- A statement that the divorce is final, and
- Spouses, attorneys, and judge’s signature
The divorce decree states the responsibilities of both parties following the termination of marriage. Responsibilities may include terms of property allocation, debt division, child custody arrangements, retirement account division, and alimony.
Related: What Is a Final Divorce Decree in California?
How to Use A Divorce Decree
Divorce decrees offer ex-spouses an outline for the future. Decrees state how the two must proceed following official divorce and can be used as a reference document. The court’s statements are legally binding and requires both parties to follow all terms. Decrees serve as enforcement tools when either party does not follow stated requirements.
Former spouses can use divorce decrees as proof of divorce to continue the separation process. Divorce decrees are used to:
- Separate a joint bank account
- Update vehicle titles
- Alter estate planning documents
- Revise life insurances
- Change power of attorney, and/or
- Sue ex-spouses
Divorce Certificate
Divorce certificates are basic proof that spouses are no longer married. Divorce certificates are not issued by the court but rather the office that tracks vital records in the state, such as the health department. Certificates are requested from the state in writing or through an online request form. However not all states issue certificates.
Divorce certificates are typically one page and provide less information than divorce decrees. Certificates only contain the identifying information of both former spouses and the date and place of divorce. Divorce certificates are not legally enforceable, do not include details of divorce agreement, and do not terminate marriages.
How To Use A Divorce Certificate
Divorce certificates have limited uses but may meet state’s legal requirements of proof of divorce. Certificates are commonly used to:
- Apply for a name change
- Apply for marriage certificate, and/or
- Receive a travel visa
Contact Us
If you or a loved one would like to learn more about the difference between a divorce decree and a divorce certificate, get your free consultation with one of our divorce attorneys in California today!