Divorce Decree vs. Divorce Certificate

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Divorce Decree vs. Divorce Certificate

Postby nicolecgiovanni1 » Tue Sep 29, 2009 1:45 pm

Does anyone know if it is required to have the divorce decree or is the divorce certificate sufficient?
thanks
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Re: Divorce Decree vs. Divorce Certificate

Postby nicolecgiovanni1 » Tue Sep 29, 2009 1:50 pm

Actually maybe they are the same thing?
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Re: Divorce Decree vs. Divorce Certificate

Postby tonyric » Tue Sep 29, 2009 2:00 pm

They are the same. You will also need a letter of no appeals stating that there is no pending action on that divorce. There are samples in the templates forum.
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Re: Divorce Decree vs. Divorce Certificate

Postby nicolecgiovanni1 » Tue Sep 29, 2009 2:19 pm

Thank you very much! I had no idea I would need a letter of no appeals.
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Re: Divorce Decree vs. Divorce Certificate

Postby nicolecgiovanni1 » Tue Sep 29, 2009 2:20 pm

Actually, one more question ... where is the templates forum?
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Re: Divorce Decree vs. Divorce Certificate

Postby tonyric » Tue Sep 29, 2009 2:23 pm

Sorry, I was thinking I was on one of the other forums where many of us have migrated to since the great SPAM invasion here. the templates are at http://italiancitizenship.freeforums.org/templates-f14.html

Please join there also. :)

tony
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Re: Divorce Decree vs. Divorce Certificate

Postby hosahosa@email.com » Fri Jan 08, 2010 8:54 am

Do I mail that template to the clerk of the court from where the divorce decree was issued? Along with some kind of letter requesting them to fill it out? He/she then mails it back to me? How does this work?
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Re: Divorce Decree vs. Divorce Certificate

Postby terminus » Mon Jan 18, 2010 8:49 pm

In my experience, a decree has more information than a certificate. For my case, the certificate/abstract was one pay and just said "X and Y were divorced on Z", but the decree was several and said, "X and Y were divorced on Z because... and Y is ordered to pay $Q in child support..."

This said, the consulate in Miami only wanted the certificate/abstract, even though many on this forum said the whole decree was required. I brought both to my appointment, and non-appeal letter as well, but she only took the certificate/abstract. She said it was because the documents were for my grandmother, not me or my parents. Her divorce occurred nearly 70 years ago (yes, my grandmother was a very liberated woman and wouldn't put up with abuse from her first husband, even in the 1930s when it was acceptable), and the consulate was comfortable that the divorce was binding. She said she would have kept the full decree if it were more recent.

My advise is to get both if you can, just to be safe.
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Re: Divorce Decree vs. Divorce Certificate

Postby terminus » Mon Jan 18, 2010 8:52 pm

hosahosa@email.com wrote :
> Do I mail that template to the clerk of the court from where the divorce
> decree was issued? Along with some kind of letter requesting them to fill
> it out? He/she then mails it back to me? How does this work?

In Maine they had a standard non-appeals form. Call the court clerk and ask.
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Re: Divorce Decree vs. Divorce Certificate

Postby lobezno » Tue Jan 19, 2010 3:04 pm

The divorce decree is NOT the same as the certificate of divorce. The decree is the actual wording from the court, naming the parties, property division and any special dispensations such as child custody. My mother's was 9 pages and the Detroit consulate required it (translated). They rejected the one page certificate initially. This caused a several month delay.
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Re: Divorce Decree vs. Divorce Certificate

Postby uwlaw » Thu Jan 21, 2010 1:49 am

I agree with Lobenzo. For example, the state of NY issues one-page "divorce decrees" that confirms you've been divorced. But several consulates (eg Boston) want the actual multiple-page court order in which the court decreed the divorce, divided the property, etc. -- plus a Certificate of No Appeal attesting that the order was never appealed. At least if the divorce involves one of the parties seeking citizenship. I'm not sure you can even get a Certificate of No Appeal on the Certificate, since that's a state document and not a court document.
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Re: Divorce Decree vs. Divorce Certificate

Postby nmecion » Fri Jan 22, 2010 8:47 pm

I am applying in new york. So do i need both the divorce certificate and the decree. I also heard that you need the certificate of no appeals which i will get but unsure if i have the decree do i also need the certificate.

thanks
nicolette
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Re: Divorce Decree vs. Divorce Certificate

Postby nmecion » Mon Jul 12, 2010 10:03 pm

do these decrees and no appeals have to be translated and apostilled?
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Re: Divorce Decree vs. Divorce Certificate

Postby CPA21 » Tue Jul 13, 2010 12:03 am

Yes, all the divorce documents need to be translated. The translations will be expensive
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Re: Divorce Decree vs. Divorce Certificate

Postby uwlaw » Tue Jul 13, 2010 2:56 am

CPA21 wrote :
> Yes, all the divorce documents need to be translated. The translations
> will be expensive

Tell me about it. One of my cousins needed to translate a 30-page divorce judgment, specifying who got the house, who got the car, who paid for the gardner, etc. Ouch. On the bright side, we got Gabriella Einaga to do the translation, for her very reasonable rates. On the other hand, some consulates require that one of their "pre-approved" translators perform the task, and they can charge $50 or more per page.
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