Two pieces of paper that you will have to be familiar with after divorce are your divorce decree and your divorce certificate. Both function as proof that you are divorced but contain different information and serve different purposes.
While you may want to put your divorce far behind you, there may be situations where you will need to provide one of these documents to prove that you are divorced. Here is the difference in the paperwork that you can expect.
A divorce decree is a court order regarding the outcome of your divorce. It is given to you at the last stage of the divorce process, once your court proceedings are over and the judge has reached a decision regarding the matters you are coming to court for.
The decree contains all the information that the court decides is relevant to your case and functions as a legally binding document that all parties have to agree to follow.
A divorce certificate is a simple document proving that you are divorced. This document is issued by your local bureau of statistics or health department to keep demographic records and just includes basic information about you and your former spouse.
Many people mix these documents up, but, in actuality, they are very different. Here are some key differences between the two.
A divorce decree is an extensive document that will include the terms of your divorce as well as information about you and your former partner. It can usually be several pages long. Information on the decree includes the terms of your divorce, such as child custody, visitation rights, child and spousal support, division of assets, name changes, and any other matters that came up during proceedings.
By contrast, divorce certificates are far more basic. They just contain your name, your former spouse’s name, and the date the divorce occurred.
Divorce decrees and certificates serve similar purposes but come from very different places. A decree is issued by a local court system, even if you settled out of court, while the certificate is issued by your local bureau of statistics or health department.
Since they come from different places, the process of requesting your divorce certificate or decree is different. To get your decree, you need to contact the records office or clerk at the County Superior Court where your divorce took place. You will need to submit a mail or in-person written request containing your names, proof of identification, the year, and your divorce’s court case number, as well as payment for the fees.
You can also request a copy from the state vital records department or from your attorney’s office if your divorce took place less than five years ago. In California, only the spouses and attorneys who helped file the divorce can access this record.
To get your divorce certificate, you can go through the local court system as well since they have to keep it on file, but the process is usually much simpler.
The decree and certificate also differ in terms of their importance. A decree is essentially a legal document that signals that you are divorced. It is a legally binding document, which is why it is issued by the court system and contains so much information.
By contrast, the certificate is just a simple piece of demographic information and is not legally binding in any way. It is proof that the legally binding process (your divorce) already took place.
After your divorce, you should keep a copy of your divorce certificate and decree in a safe place, but the court system knows that things happen, and you might lose these documents, which is why they are available upon request. If all goes according to plan, you shouldn’t need them very often, but there are a few situations where you need to show your divorce certificate or decree.
Your divorce certificate is sufficient proof that you are divorced in most situations that require proof, such as inheritance purposes, getting a new passport, or getting other documents such as a visa. A divorce certificate is usually enough proof of divorce to even get married.
However, there are some situations where you need the additional information located on a divorce decree. For most name changes, including for Social Security information, the information on a divorce certificate is not enough (the brief document often elides mention of a name change). However, the decree contains information about your name change and can help you get your documents in order.
Since the decree is a binding document, you also need it in case of a legal situation relating to your divorce. You may hope that your divorce is behind you once you settle out of court or finish your court case, but you may need to relitigate your divorce if your spouse is not following the terms of your agreement. Your decree can provide the legal proof you need to get the agreement enforced.
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