worried about rfe for divorce papers

[Carlawarla 1]

My other half had to send for a copy of his divorce decree from Florida. He got a certified copy back and it was 11 pages long. However there is no raised seal only a stamp. I suppose they vary from state to state. Also whats the difference between a Divorce Decree and Decree Absolute or are they the same thing?

Usually when something is certified, the raised "seal", or stamp...sometimes not all that raised however, are around the area where it says it's certified, or at the end of the document. Personally, if there isn't a seal or something raised like a stamp, I'd be calling where he got the decree from and asking if he has the right thing. While you only send a copy with your submission, you have to have your "certified" copy to show them at the interview, and/or at AOS etc.

The difference between the decree and the absolute is when you go to court say and the judge says you are divorced. So, your decree date of divorce is say today...the 23rd of July 2008. (just an example). Then you get your absolute in the mail which states that 30 days from this date (the 23rd of July 2008), Technically the parties are still married until the order becomes absolute, and they cannot remarry until then. This waiting period can be shortened in cases of urgency or hardship.

The court may rescind the decree absolute before it becomes absolute if the parties have become reconciled or if the court is satisfied that there has been a miscarriage of justice. Otherwise, the marriage is dissolved when the decree becomes absolute, and either party may marry again. On the 30th day.

[SirJon 0]

My other half had to send for a copy of his divorce decree from Florida. He got a certified copy back and it was 11 pages long. However there is no raised seal only a stamp. I suppose they vary from state to state. Also whats the difference between a Divorce Decree and Decree Absolute or are they the same thing?

UK divorce papers are all just rubber stamped by the courts - I checked with a friend of mine who is a solicitor and that is all they seem to do. I have read in some threads that this has caused no problems at the Consular stage as I am sure that the Embassy is fully aware of how the British courts do it.

[Laura+Tom 2]

My other half had to send for a copy of his divorce decree from Florida. He got a certified copy back and it was 11 pages long. However there is no raised seal only a stamp. I suppose they vary from state to state. Also whats the difference between a Divorce Decree and Decree Absolute or are they the same thing?

Usually when something is certified, the raised "seal", or stamp...sometimes not all that raised however, are around the area where it says it's certified, or at the end of the document. Personally, if there isn't a seal or something raised like a stamp, I'd be calling where he got the decree from and asking if he has the right thing. While you only send a copy with your submission, you have to have your "certified" copy to show them at the interview, and/or at AOS etc.

He got it from the Florida version of what you would call the General Registry Office (births, deaths and marriages) in the UK. He had to pay a little extra for a 'certified' copy. I'm going to ask him tonight if the stamp is raised and get him to scan it in so I can have a look.

[CBR 0]

For what it's worth, my state doesn't give out anything specifically called "divorce decree" and they looked at me weird at the courthouse when I requested mine. They give the entire packet of papers that we filled out (ourselves) for the divorce and the important section is the one called "facts and findings" (for us anyway). They put the certification raised seal on the page that has all the signatures (judge, ex and mine). That was all they were concerned with at the consulate was that page and the front page stating what it was about. I gave all pages anyway. I've always been confused reading on VJ about ppl getting certificates and decrees as our area apparently doesn't do that. Luckily uscis and the consulate were't confused with our papers at all. No questions were ever asked. And for name change, I submitted a copy of my first marriage license and my birth certificate too. That's all your fiance should need to I would think (just as everyone has already said).

[pushbrk 12,569]

My other half had to send for a copy of his divorce decree from Florida. He got a certified copy back and it was 11 pages long. However there is no raised seal only a stamp. I suppose they vary from state to state. Also whats the difference between a Divorce Decree and Decree Absolute or are they the same thing?

Usually when something is certified, the raised "seal", or stamp...sometimes not all that raised however, are around the area where it says it's certified, or at the end of the document. Personally, if there isn't a seal or something raised like a stamp, I'd be calling where he got the decree from and asking if he has the right thing. While you only send a copy with your submission, you have to have your "certified" copy to show them at the interview, and/or at AOS etc.

The difference between the decree and the absolute is when you go to court say and the judge says you are divorced. So, your decree date of divorce is say today...the 23rd of July 2008. (just an example). Then you get your absolute in the mail which states that 30 days from this date (the 23rd of July 2008), Technically the parties are still married until the order becomes absolute, and they cannot remarry until then. This waiting period can be shortened in cases of urgency or hardship.

The court may rescind the decree absolute before it becomes absolute if the parties have become reconciled or if the court is satisfied that there has been a miscarriage of justice. Otherwise, the marriage is dissolved when the decree becomes absolute, and either party may marry again. On the 30th day.

Divorce laws and procedures vary by State. "Decree absolute" or any document with the word "absolute" related to divorce is only applicable in States where it's used. MA is an example. Are there others?

As to a raised seal, that varies as well. Whatever you get from your state when you (today) request a certified copy of anything, will do as a certified copy. In a State using "Decree Absolute" that's what you'll need.

[Nich-Nick 3,354]

I believe the original poster is talking about a Texas divorce, not a UK divorce. So nisi and absolute aren't applicable.

In Texas one party files for a divorce...a petition. At least 60 days must pass even if both parties agree to everything. A Divorce Decree document is drawn up stating all the agreed upon (or court ordered) things like property, custody, visitation, child support and the decree is signed by both parties. When the court date comes up, the judge reads all the document and if it's in order, the Judge will say the magic words "Divorce granted, and all agreements approved," and will sign the Decree of Divorce. Done. So I think the long document is the only "Divorce Decree" in the state of Texas.

[KimandRuss 0]

As pushbrk stated, we have a divorce decree in MA. It's organized by both parties/lawyer(s) and signed by both. It is an agreement submitted to the court, you are then assigned a court date... the agreement is approved by a judge and from that day you are in the nisi period of waiting 30 days + 90 days. So 120 days from the day it was ordered into effect by the judge it's truly 'final'. This is when you can get your decree absolute. I guess in Texas they do things the opposite way with the waiting (perhaps separation agreement?) first. I have heard of other couples having to submit many pages so i'm sure it's right, but it still seems unreasonable to have a document with that many pages proving you are divorced, no?

[pushbrk 12,569]

I believe the original poster is talking about a Texas divorce, not a UK divorce. So nisi and absolute aren't applicable.

In Texas one party files for a divorce...a petition. At least 60 days must pass even if both parties agree to everything. A Divorce Decree document is drawn up stating all the agreed upon (or court ordered) things like property, custody, visitation, child support and the decree is signed by both parties. When the court date comes up, the judge reads all the document and if it's in order, the Judge will say the magic words "Divorce granted, and all agreements approved," and will sign the Decree of Divorce. Done. So I think the long document is the only "Divorce Decree" in the state of Texas.

What you describe for TX is pretty much what is done in WA but WA has a one page docuement with all vital statistics, Judge's signature and stamped seal you obtain as a "certified copy of divorce decree". It doesn't include any property settlement or custody information, just who got divorced and when.

[truffles 2]

My husband was divorced in WA - the document states "findings of facts and conclusions of law" and consists of 9 pages. The final page (page 9) have the signatures of everyone involved including the Judge.

When we submitted our petition we included the whole 9 pages though i certainly appreciate 50 pages seem a lot - my understanding is that each state differs from others.

Wishing you luck with your journey.....