In an increasingly paperless world where we can pay bills, send and accept invitations, check our health records, download event tickets to a virtual wallet, and “click” and “attach” our way through a variety of tasks, it’s important to note that paper documents can still have vital importance. This is true for anyone who has ever had a divorce finalized.
At the conclusion of your divorce, the judge will sign a document known as a final judgment of divorce, or a decree of divorce. This is the official document that grants your divorce. You should definitely keep a copy of your divorce decree in a safe place, because replacing it involves both time and money.
What do you need divorce papers for? They are necessary anytime you need assistance from a government agency that enforces decisions about the division of a couple’s assets and debts, alimony, custody, visitation, and child support. But there are other reasons why these documents are necessary to have on hand. Here are some situations which may require a certified divorce decree copy:
1. You want to return to using your maiden name
If you want to use your maiden name after the divorce, you will be questioned by a judge about the reason for your request. Once your request is granted, the judge will sign the divorce judgment, which includes the legal name you wish to use. Your certified copy of this document is required by several state and federal agencies for legal recognition of your name change.
What is a certified copy of divorce decree? This means it must have a stamp affixed with the NJ Superior Court Clerk/Deputy Clerk’s signature attesting to the authenticity of the document.
You will need to present the certified copy of divorce decree and valid identification to your nearest Social Security Administration office to begin the process of changing your name. You must bring the original document, as the SSA does not accept photocopies.
You’ll also need to take your certified divorce decree to your local New Jersey MVC licensing center to update your drivers license. According to the agency’s website, a divorce decree may be used to authorize returning to your maiden name if it contains the new name and the previous name, and permits the individual to once again use the previous name.
Are you a traveler? To update your passport, you will need to submit your name change request and required documentation, including your divorce decree, to the U.S. Department of State. In some cases, forms may be submitted online, or you can go to the nearest acceptance facility (post offices, clerks of court, public libraries, and other local government offices that accept U.S. passport applications).
You may be wondering, will I need a copy of my divorce decree to change my name on financial accounts, and the answer is yes. Contact your non-local banks and lenders to see if they will accept a scanned copy of your divorce decree to change your name on your accounts and credit cards, or bring the original document to your local branches.
2. You need to refinance your home
If you are keeping your residence and still owe on the mortgage, you will need to refinance the loan in your name. Why would a mortgage lender need a divorce decree? The lender will want to see your divorce decree copy to meet its requirements when creating the terms of your loan and to ensure compliance with your Marital Settlement Agreement.
3. You plan to remarry
A divorce decree copy is required to apply for a marriage license if you plan to remarry in New Jersey. If both you and your partner have previously been married or in a civil union, you both will need to bring your divorce decrees to the registrar’s office for the municipality in which the ceremony will occur.
How to get a copy of a divorce decree in New Jersey
Copies of divorce records can be obtained from the local courthouse in the county where the divorce was granted. Because these records are eventually archived – and the amount of time for this varies by county – you may need another avenue for requesting a copy of your divorce decree. The New Jersey Superior Court Clerk’s office stores and archives all closed divorce cases, and it can prepare duplicate copies of your divorce papers for a fee.
We also encourage you to contact us at DeTorres & DeGeorge, New Jersey divorce attorneys. We are here to answer your questions about your divorce decree, your questions about how to get a copy of a divorce decree in NJ and specifically in your county, assist you in requesting copies of documents, or to advise you on any part of the divorce process.
Frequently Asked Questions
Can a divorce decree be modified?
Often a change in circumstances will warrant post-divorce modifications to your divorce decree regarding custody, visitation, child support, and/or alimony. While it is common, the process can be complex, and best pursued with the help of a New Jersey divorce attorney.
Can a divorce decree be reversed?
In New Jersey a divorce decree can be reversed under certain circumstances. Post divorce modifications may be used in situations when the parties reconsider if they want to remain divorced or pursue reconciliation.
The advice of a skilled divorce lawyer is essential to guide you through this process.
Who can obtain divorce records in New Jersey?
Only the parties in the divorce, their attorneys, or their close relatives can obtain copies of divorce records in New Jersey. Valid identification is required.
What’s the difference between a divorce certificate and a divorce decree?
A divorce decree is a court order ending a marriage. A divorce certificate is a document proving a divorce occurred. In some circumstances, if a divorce decree copy is not required, the Superior Court Clerk’s office can prepare a Certificate of Divorce for a nominal fee.
Can I throw away divorce papers after a few years? How long should I keep divorce papers?
The simple answer is, forever. It’s a good idea to keep these documents in a fireproof safe or lockbox, or in secure storage at your bank.
If I lose my copy of divorce decree, can it be replaced?
You can request a copy of your divorce decree from the local courthouse in the county in which the divorce was granted. Archived New Jersey divorce records are also maintained at the Superior Court Clerk’s office.
How do I get a copy of my divorce decree online in New Jersey?
Divorce case files are available for public viewing on FACTS under New Jersey’s Electronic Access Program. Pre-enrollment is required to access the FACTS system, but you can contact our office for assistance in obtaining copies of your divorce records.
How do I get a copy of my divorce decree online in the US?
Contact the clerk of the county or city where you got divorced for information about how to order a copy, the cost, and information you will need to supply.