How to Get a Certified Copy of a U.S. Divorce Decree From Abroad
(A practical guide for Philippine-based lawyers, paralegals, and private individuals)
1. Why a “certified copy” matters in the Philippines
| Typical purpose | Why the certification is indispensable |
|---|---|
| Recognition of a foreign divorce (Art. 26, Family Code as interpreted in Republic v. Manalo, G.R. No. 221029, 24 Apr 2018) | The Regional Trial Court (RTC) needs an authenticated decree plus the foreign law on divorce to prove its existence and finality. |
| Civil registry annotation (updating PSA records) | The Philippine Statistics Authority (PSA) will annotate only upon receipt of an RTC decision recognizing the divorce; the decision in turn hinges on a certified decree. |
| Subsequent marriage license | Local Civil Registrar requires proof that the applicant is “legally capacitated.” |
| Immigration, child-support, and estate matters | U.S. and third-country agencies normally reject photocopies or uncertified PDF downloads. |
2. U.S. record-keeping basics you need to know
- Divorce decrees are state (not federal) records. Each state follows its own procedure; many devolve actual custody to the county clerk of the court that issued the judgment.
- Vital records divisions (e.g., New York Department of Health, Florida Bureau of Vital Statistics) may hold an abstract or certificate of divorce, but the full decree of dissolution of marriage usually resides with the clerk of the trial court—often a “Circuit,” “Superior,” or “Domestic Relations” court.
- Certification format. Most clerks staple a “true copy” certificate, signed and embossed, directly to the face sheet. Do not detach it—doing so voids the certification.
- Apostille requirement. Because both the U.S. and the Philippines are parties to the 1961 Hague Apostille Convention (PH effective 14 May 2019), Philippine courts and government offices will demand an apostille in addition to the clerk’s certification.
3. Step-by-step procedure from the Philippines
| Step | What to do | Key tips (Philippine context) |
|---|---|---|
| 1 Identify the court and case details | Full names of spouses as they appeared in the case, date of decree, county, and state; case or docket number if known. | These details appear on the PSA marriage certificate; use that for reference. |
| 2 Check the correct repository | a) County Clerk of Court—most common. b) State vital-records office—some states keep certificates only. | Call or email first; websites often list exact mailing addresses, fees, and ID requirements. |
| 3 Prepare the request package | • Cover letter (state purpose: “Need CERTIFIED copy for use in the Philippines”). • Copy of valid ID (passport). • Payment: U.S. postal money order, cashier’s check, or clerk’s portal receipt. • Self-addressed international courier air-bill or prepaid FedEx/UPS label. |
Certain clerks accept online portals (e.g., VitalChek, TurboCourt). For mail requests, use a courier with tracking; PhilPost is slow and unreliable for legal papers. |
| 4 Obtain the certified decree | Processing typically 1 – 4 weeks, longer for archived (“off-site storage”) files. | If you cannot wait, authorize a stateside relative or a licensed “court runner” via notarized Special Power of Attorney (SPA). |
| 5 Secure an apostille | Send the certified decree (original, not a scan) to the Secretary of State of the issuing state, not to the U.S. Department of State. | Some states allow “walk-in” apostille; a hired runner can finish in a day. Fees range USD 3 – 20 per document. |
| 6 Ship the apostilled decree to the Philippines | Use DHL, FedEx, or UPS; declare it as “personal legal documents, no commercial value.” | Keep the airwaybill and tracking screenshots for the RTC filing. |
4. Alternative channels when you cannot mail directly
| Channel | How it works | Pros | Cons |
|---|---|---|---|
| U.S. Embassy–Manila “legal courier” services | Private firms accredited by the Embassy collect and ship U.S. public records for a fee. | Turn-key, predictable. | Expensive (PHP 8,000–15,000 not incl. state fees); still need your SPA. |
| Fil-Am lawyer or notary in the U.S. | Engage counsel to appear at the clerk’s window, pay, and forward documents. | Saves time; avoids international payment hassles. | Professional fees; must draft and apostille the SPA itself. |
| Third-party portals (VitalChek et al.) | Online order, credit-card payment, optional apostille add-on. | Works for 35+ states; credit card in pesos accepted. | Not all counties participate; older decrees (>20 yrs) often unavailable. |
5. Philippine evidentiary requirements at a glance
| Document for RTC | Source | Common pitfalls |
|---|---|---|
| 1. Certified copy of the divorce decree | U.S. trial court clerk | Photocopies rejected; must bear original wet signature and embossed seal. |
| 2. Apostille certificate | Secretary of State (issuing state) | Apostille must refer to the clerk who certified, not to a notary. |
| 3. Certificate of Finality / Judgment Entry (some states issue a separate sheet) | Same clerk’s office | Check if the decree itself already states it is “final.” |
| 4. Proof of the foreign divorce law (usually a printed excerpt of the state divorce statute, apostilled) | State legislative portal or Westlaw printout, sworn by U.S. attorney then apostilled | Lawyers often forget the apostille on the law excerpt; RTC will dismiss for lack of authentication. |
6. Fees, timelines, and payment hacks
| Item | Typical cost (USD) | Typical turnaround (without courier delays) |
|---|---|---|
| Clerk’s certified copy | 10 – 50 per decree; extra pages $1/page | 1 – 3 weeks |
| Secretary of State apostille | 3 – 20 | Same-day (walk-in) to 2 weeks (mail) |
| International courier (U.S. ➜ PH) | 60 – 100 | 3 – 5 business days |
| Court runner / service agency | 40 – 150 | Depends on rush level |
Payment tips:
- Wise, PayPal, or Revolut can fund a U.S. friend’s account for local payments.
- Some clerks digest credit-card authorisation forms—print, sign, scan, and email.
- USPS money orders are nearly impossible to purchase from abroad; ask someone in the U.S. to buy them.
7. Special issues & troubleshooting
- Decree from U.S. military court (overseas base): These are federal documents. Obtain certificate from the Clerk of Court for the Armed Forces; apostille at the U.S. Department of State in Washington, D.C.
- Sealed divorce records: Some states seal cases involving minors or protective orders. Only a party of record or counsel of record, with photo ID and possibly a court order, can request copies.
- Lost original, no docket number: File a “Record Search Request” with the county clerk, supplying both spouses’ names and the approximate year. Search fees (USD 5 – 25) are non-refundable.
- Digital-only decrees (post-COVID e-filings): Courts often issue certified electronic copies bearing a QR code and digital signature. Philippine courts currently accept them if the apostille confirms the digital signature; printouts alone will be rejected.
- Courier refused a P.O. Box address: Most clerks will only mail to a U.S. P.O. Box. Provide a U.S. friend’s address, then have it forwarded via FedEx.
- Name mismatches: If your Philippine documents show a middle name not used in the U.S. pleadings, prepare an Affidavit of Discrepancy, notarised and apostilled, to avoid RTC objections.
8. Sample request letter (for mail-in orders)
[Your Name]
Request for Certified Copy of Divorce Decree
Date: 21 June 2025 To: Clerk of the Circuit Court, Orange County, Florida
Dear Clerk: I am a party to the dissolution of marriage styled Smith v. Smith, Case No. DR-2014-12345-O. Pursuant to Florida Statutes §28.222, kindly send me one (1) certified copy of the Final Judgment of Dissolution of Marriage and one (1) certificate of finality. The documents will be used in a court proceeding in the Philippines; please annotate accordingly if required.
Enclosed:
- Photocopy of my U.S. passport (ID page)
- Money order in the amount of USD 26 (copy fee $10 + certification $5 + postage $11)
- Pre-paid FedEx international air-bill
Should you have any questions, you may email me at [name@email.com] or call +63-2-xxxx-xxxx (Philippine daytime).
Respectfully,
[signature] [Printed name]
9. Key take-aways
- Start with correct venue: County clerk vs. state vital records.
- Always double-authenticate: Certified copy and apostille.
- Mind Philippine evidentiary rules: You will later submit the decree, its apostille, and proof of foreign law to an RTC for recognition.
- Plan for payments and shipping: U.S.-only instruments and addresses often trip up first-time requesters.
- Keep originals pristine: Philippine courts reject documents with detached staples, smudged seals, or photocopy marks on the certification page.
Disclaimer: This article is for legal information only and does not form an attorney-client relationship. Procedures and fees vary by state and may change without notice; consult U.S. state courthouses or licensed counsel for specific advice.