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How to Apostille a Divorce Decree

By Frank MetayerUpdated September 9, 2026

A divorce decree is a court record, and that changes everything about the process. Because it was issued by a court rather than a government registrar, you cannot apostille the copy the court mailed you years ago, a photocopy, or a scan you printed at home. What the Secretary of State can authenticate is a certified copy issued by the clerk of the court that granted the divorce — a copy that carries the court clerk's original signature and the court's seal. Ordering that fresh certified copy from the correct courthouse is the first and most important step, because everything downstream depends on it. Skip it, and the state has nothing it can put an apostille on.

The second thing that surprises people is that a court document usually cannot go straight from the courthouse to the Secretary of State. In many states there is an intermediate authentication step: a county clerk, court administrator, or state court authority must first certify that the court clerk who signed your decree is a genuine, commissioned official. New York is the classic example: the County Clerk certifies the court clerk before the New York State Department of State will issue an apostille. This chain of certifications is exactly why divorce decrees get rejected more often than a birth certificate, and it is the part this guide leads with.

Key takeaways

You need a certified copy of the divorce decree from the clerk of the court that granted it — bearing the clerk's original signature and the court seal. A plain photocopy or a downloaded PDF cannot be apostilled.
Court documents often need an intermediate authentication before the Secretary of State can apostille them: in many states the county clerk (or an equivalent court office) must first certify the court clerk's signature, with New York the best-known example. Requirements vary by state.
The apostille is issued by the Secretary of State (or equivalent authority) of the state where the court is located — not the state where you now live if you have since moved.
Divorce decrees are commonly apostilled for remarriage abroad (often paired with a single-status affidavit), immigration and spousal visas, name changes, and overseas property or inheritance matters.
Apostilles are valid only for countries in the Hague Apostille Convention; a non-member destination needs embassy or consular legalization instead, and many countries also require a certified translation.

Start with a certified copy from the court — not the copy you already have

An apostille authenticates the signature and seal of the official who issued a document. For a divorce decree, that official is the clerk of the court that granted the divorce, so the document you submit has to be a certified copy the clerk issued — one that carries the clerk's original (wet or embossed) signature and the court's seal. The decree the court handed you at the end of your case, a photocopy of it, or a PDF you downloaded from a court portal will not qualify, because there is no live, certifiable signature for the state to trace back to a commissioned official.

So before anything else, order a fresh certified copy from the courthouse that handled your divorce. Call or check the clerk of court's website for that specific county and court, ask for a "certified copy" of the divorce decree or judgment (some courts call it a certified or exemplified copy), and confirm it will bear an original signature and seal. Ordering the copy early also protects your timeline: courthouse fulfillment can take days or weeks, and it is the one step you cannot compress once the deadline is set.

The authentication chain: why a county clerk or court authority often comes first

Here is the step most people miss. A Secretary of State keeps on file the signatures of certain officials, but the individual court clerk who signed your decree may not be one of them. In many states, that means the decree needs an intermediate certification before the state can act: a court administrator first certifies that the signing court clerk is a genuine, authorized official, and only then does the Secretary of State place the apostille on top of that certification. New York is the textbook case: the County Clerk certifies the court clerk before the New York State Department of State issues the apostille.

Not every state works this way, and the exact office and wording differ from one state to the next, so the safest approach is to confirm the correct chain for the specific court before you mail anything. Getting the order wrong — sending the decree straight to the Secretary of State when a county-clerk certification was required first — is one of the most common reasons a court-document apostille is returned. We are experienced with each state's Secretary of State apostille processing and can confirm the right sequence for the court that issued your decree, so the packet is assembled in the right order from the start.

The process, step by step

First, order a certified copy of the divorce decree from the clerk of the court that granted it. Second, complete any intermediate authentication your state requires — typically your state's court authority certifying the court clerk's signature. Third, submit the certified (and, where required, county-certified) decree to the Secretary of State of the state where the court sits, for the apostille. Fourth, add a certified translation if the destination country requires one; the destination usually decides whether it is needed and whether it comes before or after the apostille.

You cannot reshuffle these steps. Each certification has to be in place before the next authority will act, and the whole packet has to go to the correct state. Because there are potentially three moving parts — the court's certified copy, the intermediate certification, and the state's apostille — the courthouse and county steps are often the real bottleneck rather than the apostille itself. Confirming exactly what the receiving party abroad will accept before you begin prevents the costliest mistake: authenticating the wrong version of the decree and having to restart the entire chain.

Which state issues the apostille — it follows the court, not your new address

The apostille comes from the Secretary of State of the state where the court that granted your divorce is located. This trips people up when they have since moved: if you divorced in Texas and now live in Florida, the apostille is a Texas matter, handled through Texas's authority and the Texas court that holds your record, not Florida. The document, the certifying county, and the issuing state all follow the court, so you order the certified copy and route the apostille through that original jurisdiction.

One more clarification that saves confusion: a divorce decree is a state court record, so the U.S. Department of State does not apostille it. The federal authority's role is for federal documents, such as FBI background checks and records issued by federal agencies. A few states also route apostilles through an office other than the Secretary of State — for example a Lieutenant Governor's office — so check the correct issuing authority for the state where your court sits before mailing anything.

Common reasons people apostille a divorce decree

The most frequent reason is remarriage abroad. Many countries require proof that a foreign national is legally free to marry, and an apostilled divorce decree is how you show a prior marriage was legally ended.

That decree is often requested together with a single-status affidavit (also called a certificate of no impediment or free-to-marry affidavit), which confirms you are currently unmarried. Because the two are commonly asked for as a pair, if you are marrying overseas it is worth checking whether the authority wants both before you start.

Beyond remarriage, an apostilled decree is commonly needed for immigration and spousal-visa files, legal name changes back to a maiden name, and overseas property, inheritance, or pension matters where a foreign institution needs proof of your marital status. Whatever the purpose, the requesting authority abroad sets the requirements, including how recent the certified copy must be, so get their exact instructions in writing. As a document-authentication service and not a law firm, we handle the apostille chain itself; questions about the legal effect of your divorce belong with an attorney.

Marrying or filing abroad: does your destination take an apostille?

Whether you are remarrying, filing an immigration case, or settling property abroad, an apostille only works if your destination belongs to the Hague Apostille Convention. Spain, most of the European Union, Mexico, and many Latin American countries are members, so a properly certified and apostilled divorce decree is recognized there without further steps.

If the country you are marrying or filing in is not a member of the Convention, an apostille alone will not clear it. In that case the decree has to go through embassy or consular legalization instead. Membership shifts over time, so in 2026, check the destination country's current status before you send anything.

Translation is a separate requirement that the receiving country sets. If its officials work in another language, you will usually need a certified translation of the decree, and sometimes of the apostille and certifications too. Frequently the decree is apostilled first and the finished packet translated afterward, but the destination decides the order. When anything is unclear, ask the consulate, court, or agency that requested the document to put its requirements in writing before you begin.

Get your divorce decree apostilled without the guesswork

Tell us the state where you divorced, the destination country, and your deadline. We'll confirm the certified-copy and county-authentication steps, route the packet to the correct Secretary of State, and add a certified translation if you need one — with a flat, all-in quote before any work begins, no hidden fees, and no obligation.

Get a free quote Call 1-800-889-7850

Frequently asked questions

Can I apostille the divorce decree copy the court already gave me?+

Usually no. An apostille authenticates the signature and seal of the issuing official, so you need a certified copy from the clerk of the court that granted the divorce — one bearing the clerk's original signature and the court seal. A plain photocopy or a downloaded PDF cannot be apostilled; order a fresh certified copy from the courthouse first.

Does a divorce decree need a county clerk step before the apostille?+

In many states, yes. Because the court clerk who signed your decree may not be on file with the Secretary of State, a county clerk, court administrator, or state court authority often has to certify the court clerk's signature first — New York is the classic example, where the County Clerk certifies before the New York State Department of State apostilles. Requirements vary by state, so confirm the correct chain before mailing anything.

Which state apostilles my divorce decree if I've moved to another state?+

The apostille comes from the Secretary of State of the state where the court that granted your divorce is located — not the state where you now live. If you divorced in Texas and moved to Florida, you order the certified copy from the Texas court and route the apostille through Texas's authority. A divorce decree is a state court record, so the U.S. Department of State does not apostille it.

Do I also need a single-status affidavit to remarry abroad?+

Often, yes. Many countries want proof you are legally free to marry, and an apostilled divorce decree is commonly requested together with a single-status affidavit (also called a certificate of no impediment or free-to-marry affidavit). Confirm with the foreign authority whether they require both, plus any certified translation, before you begin.

How much does it cost to apostille a divorce decree?+

It depends on the document, the issuing authority, and how fast you need it. You get a flat, all-in quote before any work begins — with no hidden fees, and no obligation.

Keep reading

Divorce decree apostille service Single-status affidavit apostille State vs. federal apostille — which applies Find your state's apostille authority Certified translation for your document packet