US Divorce Certificate / Authentication of US Divorce Court Decree, Notarization: Divorce or Dissolution? 518-956-5673

U.S. Divorce Procedures

When getting divorced in the United States, what documents might you typically have? Common ones include the DISSOLUTION DECREE (Marriage Dissolution Judgment), VERIFIED PETITION FOR DISSOLUTION OF MARRIAGE (Verified Petition for Dissolution of Marriage), and PROPERTY SETTLEMENT AGREEMENT (Property Settlement Agreement). Which document(s) must be processed to be used normally in China? We recommend that all "DECREE" documents are necessary, and if children or materials are involved, "AGREEMENT" documents should also be included. Which is better: Divorce or Dissolution? Dissolution of marriage is often the best way to terminate a marriage, as it is usually faster and less expensive than divorce.

For couples divorced in the United States, when dealing with matters in China such as property settlement, remarriage, household registration transfer, or when one divorced parent needs to bring a child back to China for household registration or school enrollment, relevant authorities may require the parties to present a U.S. divorce certificate authenticated by the Chinese Embassy or Consulate in the United States.

U.S. divorce certificates typically come in two types: one is the U.S. Divorce Certificate Authentication, a single-page certificate similar to a marriage certificate. The other is the U.S. Divorce Court Decree Authentication, which includes details such as the reasons for divorce, property division, and child custody, usually spanning multiple pages. We can assist with the three-level authentication for both types of divorce documents.

Regional Example: Divorce in Las Vegas is simpler and faster, and many couples choose to seek legal assistance there to process their divorce and apply for divorce certificates and court decrees. Generally, divorce records in Las Vegas are archived at the Clark County Family Court. If you need to reapply for a U.S. divorce certificate, you can do so at the Clark County Family Court.

Note: Many people confuse the concepts of notarization and authentication for U.S. divorce certificates. Notarization refers to the applicant personally signing and swearing before a consulate or notary public, while authentication involves verifying the signatures and seals on the U.S. divorce certificate and does not require the applicant to be present. U.S. divorce certificates can only be processed through authentication; consulates cannot directly notarize U.S. divorce certificates.

Before mailing your divorce certificate and other application materials to us, please ensure that your divorce certificate is a Certified Copy obtained from the state or county License Department and includes the signature of the State Registrar or County Clerk. Generally, divorce certificates with the signature of the State Registrar or County Clerk can be submitted directly to the state government for authentication.

Why is Authentication of U.S. Divorce Court Judgments Necessary?

Parties who obtain a divorce through a U.S. court typically receive a Certificate of Divorce and a Decree of Divorce by mail from the court. The Certificate of Divorce includes basic information such as the names and genders of both parties and the effective date of the divorce, serving as a simple statement of the divorce fact. The Decree of Divorce, on the other hand, provides detailed provisions on matters like child custody and property division.

When handling procedures in China, such as property disposal, remarriage, child school enrollment, or household registration, relevant Chinese government authorities may require the parties to have their U.S. Certificate of Divorce or Decree of Divorce authenticated by the Chinese Embassy or Consulates in the United States. This authentication confirms the authenticity of the divorce documents.

Steps for Authenticating U.S. Divorce Certificates/Court Judgments:

The following outlines the three-level authentication process. Adjustments can be made based on individual circumstances.

1. Authentication at the Circuit Court of the County where the divorce was granted (can be handled by an agent).

2. Authentication by the Secretary of State (can be handled by an agent).

The Secretary of State offers two types of authentication: Certificate and Apostille. For documents intended for use in China, a Certificate authentication is required. If the authentication is an Apostille, the Chinese Embassy or Consulates in the U.S. will not accept it. Processing times vary by state, typically taking 2–3 weeks. Some states offer expedited services, while others do not. (Please contact customer service for specific processing times in your state.)

3. Authentication by the U.S. Department of State (can be handled by an agent).

Currently, the U.S. Department of State has a lengthy processing time, usually 3–4 months, which significantly increases the difficulty of the application. You may entrust us to handle this step on your behalf.

Depending on the state where the divorce certificate was issued, applicants must have their divorce documents authenticated by the corresponding Chinese Embassy or one of the five major Consulates in the U.S. For divorce certificates issued in states under the jurisdiction of the Chinese Embassy in Washington, D.C., authentication by the U.S. Department of State is required before proceeding to the Embassy authentication step.

4. Consular Authentication by the Chinese Embassy or Consulates in the U.S. (can be handled by an agent).

Submit the divorce certificate authenticated by the Secretary of State or the U.S. Department of State to the Chinese Embassy or Consulates in the U.S. to complete the final authentication step.

Required Materials for U.S. Divorce Certificate Authentication:

1. Completed "Application for Notarization and Authentication" form.
2. Copy of the U.S. Divorce Certificate.
3. Scanned copy of the applicant's passport information page (Chinese citizens must also provide original and copies of legal U.S. residency documents, such as a Green Card, I-20, H1B, etc.).

Required Materials for U.S. Divorce Judgment Authentication:

1. Copy of the Divorce Judgment.
2. Consular Authentication Application Form (one for each spouse).
3. Copies of both spouses' passports (only the photo page is required).
4. Statement of Consistency between the original and copies.
5. Copy of legal U.S. residency documents, such as a Green Card, visa, etc.