New York Divorce Decree Apostille
Apostille for New York Judgment of Divorce issued by NY Supreme Court. Required for remarriage abroad, immigration, residency, and name change procedures. Court-certified copy required.
ποΈ What "Divorce Decree" Means in New York
In New York, a divorce decree is officially called a Judgment of Divorce. It's issued by the New York Supreme Court (which is actually the trial court, despite its name).
Important Clarifications:
- β’ The Supreme Court is the trial court in New York (counter-intuitive but correct)
- β’ Attorneys do not issue certified copies
- β’ Notaries cannot certify court judgments for apostille use
- β’ Only the court clerk can issue a certified copy
β‘ Which NY Divorce Document Do You Have?
Choose the option that matches what you currently have:
Correct document for apostille
Not accepted
Not accepted
Different document; often rejected abroad
Must be apostilled by the issuing state
Pro tip: Look for a certification page signed by a court clerk and an official court seal.
At a Glance
| Item | Details |
|---|---|
| Document Type | Judgment of Divorce |
| Issuing Authority | NY Supreme Court (County Clerk) |
| Apostille Authority | New York Department of State |
| Accepted Format | Original court-certified copy |
| Notarization | β Not accepted |
| Apostille Fee (NY) | $10 per document |
| Typical Uses Abroad | Remarriage, immigration, residency, name change |
| Hague Countries | Apostille accepted |
| Non-Hague Countries | Authentication / legalization required |
π Court-Certified Copy (What NY Actually Requires)
A court-certified copy in New York must include:
- A certification statement from the court clerk
- The clerk's original signature
- The court seal (embossed or stamped)
- Confirmation it is a true copy of the judgment on file
β οΈ Anything less β even if it "looks official" β will be rejected.
β οΈ Common New York-Specific Pitfalls
These cause delays or outright rejection:
β’ Ordering a "certified transcript" instead of a certified judgment
β’ Submitting a copy certified by County Clerk's records office without court certification
β’ Assuming notarization can replace certification
β’ Removing staples after apostille issuance
β’ Submitting a document that's too old for the destination country
Must Have
- β Court-certified Judgment of Divorce
- β Certification signed by NY court clerk
- β Court seal clearly visible
- β Apostille request form (NY DOS)
- β $10 apostille fee per document
- β Return envelope or prepaid courier label
Cannot Be Used
- β Notarized copies
- β Scans / PDFs / e-file printouts
- β Copies certified by attorneys
- β Divorce certificates instead of judgments
- β Photocopies
Step-by-Step: How to Apostille a New York Divorce Decree
Request a Certified Copy from the Court
Contact the County Clerk in the county where the divorce was finalized. Request a certified copy of the Judgment of Divorce for international use.
Inspect the Certification
Before submitting:
- β’ Confirm the clerk's signature
- β’ Confirm the court seal
- β’ Confirm the certification page is attached
This prevents most rejections.
Complete the NY Apostille Request
Fill out the New York Department of State apostille form:
- β’ Select "Apostille"
- β’ List the destination country
- β’ Identify the document as "Judgment of Divorce"
Submit to NY Department of State
Include:
- β’ Certified divorce decree
- β’ Completed request form
- β’ $10 fee per document
- β’ Return envelope or courier label
Mail or courier submissions are accepted.
Receive the Apostille
The Department of State verifies the court clerk's signature and attaches the apostille certificate.
Translation (If Required)
Many foreign authorities require a certified translation of:
- β’ The divorce judgment
- β’ And sometimes the apostille itself
Always confirm with the receiving authority.
Fees & Timing
| Item | Typical Cost | Notes |
|---|---|---|
| Court-certified copy | Varies by county | Paid to clerk |
| NY apostille | $10 | Per document |
| Processing time | Several business days | Plus shipping |
| Translation | Varies | Destination dependent |
π Hague vs Non-Hague Countries
Hague Convention Country
Apostille is usually sufficient
Non-Hague Country
Additional authentication or consular legalization may be required
Important: This is determined by the destination country, not New York.
πΌ Real-World Use Cases
Remarriage abroad
Proving legal capacity to marry
Immigration / residency
Documenting marital history
Name change
Confirming eligibility after divorce
Inheritance / property
Marital status verification
Frequently Asked Questions
Expert Insight
Amelia Rivera, Lead Apostille Specialist
10+ years experience with NY court document apostilles
"New York is stricter than many states when it comes to what they'll apostille. The biggest mistake I see is people assuming a notarized copy will workβit won't. You must have a court-certified judgment directly from the County Clerk. Another common issue: people download their judgment from the e-filing portal and assume that's acceptable. It's not. The portal copy lacks the clerk's original signature and court seal."
"Also, watch out for the 'certified transcript vs certified judgment' confusion. Some clerks will sell you a transcript instead of the actual judgment document. Always specify you need a certified copy of the Judgment of Divorce for international use. That clarity saves you from ordering the wrong document and having to start over."