divorce decree/divorce certificate difference?

[jken 2]

Good Morning all-

Ken filed our k129 f petition in April - and i keep reading and reading. At any rate i am just seeing that there is a difference between a decree and a divorce certificate - question is what is the difference? i sent Ken my divorce certificate - the original, which he included in the packet. All i have from my divorce is the certificate which is official, stamp and all. Please advise!

Thanks everyone

[JimVaPhuong 4,863]

A divorce certificate is a simple document that gives basic biographic information about the ex-spouses and the date the marriage was terminated. In some locations, they can be obtained as certified or non-certified documents.

A divorce decree is the actual order of the court, spelling out the complete terms and condition of the divorce. A divorce decree actually establishes the divorce by order of the court. It is the declaration by the judge that the marriage has been terminated.

One of the basic rules which USCIS follows for evidence is that a document is considered a "certified copy" if it has been certified as being a genuine copy of the original document by the government authority that is the custodian of the original document. For example, in US family courts a copy of a court order can be certified by the court clerk, since the court clerk is the custodian of the court records.

The problem with a divorce certificate is that there is often no original document to copy. A divorce certificate is often generated "on demand", based on information contained in the court order or from a computer record. The issuing authority can certify that the document is correct, but they can't certify that it's an authentic copy because it's not a copy of an original court record, but a transcription of information from the court record.

USCIS also follows the Field Adjudicators Manual, and follows the "best evidence rule" wherever possible. This means that when they need a specific piece of information, such as the date a divorce was granted, they will consider the original source of that information as primary evidence, and documents which were derived from that source as secondary evidence. This means a certified copy of the divorce decree would be considered primary evidence, and preferred over a certified divorce certificate under the "best evidence rule".

[NigeriaorBust 4,087]

A divorce degree in US terms is usually several pages long and includes the fact that the marriage is over and statements on the division of assets. It usually has attachments documenting the facts of the assets/children. You need the main part which varies a bit . If the first page says page 1 of 3 ( or whatever number ) Include all pages and make sure there are stamped as official copies not just the page the judge signed.

[pushbrk 13,150]

A divorce degree in US terms is usually several pages long and includes the fact that the marriage is over and statements on the division of assets. It usually has attachments documenting the facts of the assets/children. You need the main part which varies a bit . If the first page says page 1 of 3 ( or whatever number ) Include all pages and make sure there are stamped as official copies not just the page the judge signed.

Correct, except what's contained in a certified copy of divorce decree ordered after the fact can vary widely by State. Mine only contains the vital statistics, and nothing about settlement or child support. It's one page, certifying a divorce decree was issued to whom, when and by whom and contains the signature block.

Regardless, the OP is asking a question about the foreigner's divorce certificate or decree, so a Canada specific answer is in order.

[jken 2]

oook. thanks. so now we can expect an rfe for a decree?...frustrated now. :-(

[trailmix 77]

oook. thanks. so now we can expect an rfe for a decree?...frustrated now. :-(

Hi,

You should always check the reciprocity schedule for details of Canadian documents required.

As an aside, if you are interviewing in Vancouver, ensure you also have a copy of your marriage certificate, for your prior marriage, I know it doesn't make much sense but many have been asked for it.

Divorce and Child Custody Records

Canadian divorce records are maintained by provincial and territorial courts. Primary evidence of divorce is the original or court-certified copy of the final divorce decree from the court where the divorce took place. Some provinces also issue a "Certificate of Divorce" similar to a large or full-size marriage certificate (a computer-printed extract of information on currency style stock paper, 21.6 x 17.8cm or 7 x 8.25 in., with an intaglio border). The Certificate of Divorce is also acceptable evidence of divorce, though it has no information about child custody.

To obtain a court-certified copy of a divorce decree or a Certificate of Divorce, applicants should contact the clerk or registrar of the court where the divorce was granted. Applicants unsure of the court in which their divorce proceedings took place may write to the Central Registry of Divorce Proceedings, P.O. Box 2730, Station D, Ottawa, ON, K1P 5W7. The Central Registry cannot issue a divorce certificate, but will be able to confirm at which registry the divorce was granted. Additional information is available online.

Edited May 9, 2010 by trailmix

[Audy_Rob 26]

As an aside, if you are interviewing in Vancouver, ensure you also have a copy of your marriage certificate, for your prior marriage, I know it doesn't make much sense but many have been asked for it.

This is interesting Trailmix. In Packet 3, the Bangkok Embassy asks for the Marriage Certificates if available. Well I guess some people will just say NOT AVAILABLE and skip over it. Since I do not like to be dishonest, I tracked down which office in another state had maintained those ancient records. It required about a day-and-a-half on the internet plus two phone calls and some calls transferred. I do not know if the Embassy would consider that as "Available." I believe the answer is yes based on some related Information at the DOS web site regarding effort.

So I am now the proud owner of two Certified Marriage Certificates and Matching Divorce Decree.

If you have the Divorce Decree, I am not sure why the Marriage Certificate is important? I am sure there is some reason.

[Snickerz 0]

oook. thanks. so now we can expect an rfe for a decree?...frustrated now. :-(

Hi Jken, did you get an RFE for that?

My fiancee in US have the divorce certificate requested from Florida statistics office (one page stamped one)...Is this sufficient or is that different from the divorce decree??

He filled-up the application form from the statistics office website requesting for the divorce records. So I'm now not sure if we got the right one.

[REINITA♥REY 8]

I am in Florida too and the court provided the final judgment of dissolution. Within that it states the Marital Settlement Agreement was entered into evidence and executed. It has the original dates and judge signature. Then at the end it is 'certified' by the county deputy clerk. That's all I could get and send in with my paperwork. This court order is from 10 years ago, I hope no RFE

[RespectfulMan 1]

Is a "Certified True Copy" of divorce certificate accepted in the immigration interview?

[USA_Vietnam 0]

I have a full, officially stamped divorce decree with all attachments. I'm tempted to leave out the lengthy attachments with the division of property. However, the end of that long settlement is where my ex and I actually signed the document. Should I send the whole thing, to be safe? 

 

We were divorced in the US (California), if that matters. 

[debbiedoo 2,339]

canada needs the decree, which is more detailed i believe.

 

we waited to file our k1 until he got that (he had certificate already, i told him it wasn't good enough and to try again lol)