Divorce Decree Translation for the USA

Division of property and the splitting of pension rights

In the USA the division of property on divorce and the splitting of pension rights are subject to different rules from state to state, and the division of retirement accounts is often carried out by a separate court order (a qualified domestic relations order). The rulings on the matrimonial property regime and on maintenance in a Turkish judgment are not equated with these US institutions; the translator conveys the ruling as it stands and does not name a Turkish concept after a US one. An equation of that kind can misrepresent the financial effect of the judgment.

Rulings on custody and on personal contact with the child fall within the concern of the state family court in the USA and are commonly set out in considerable detail; the custody arrangement in the judgment, the visitation schedule and any ruling on the child’s surname are translated in full. Interim, spousal and child maintenance produce different consequences, so they are not collapsed into a single equivalent. The state in which the judgment is to be used also determines which rulings come to the fore, which is why the destination of the document is established at the outset. Knowing that different provisions of the same judgment may weigh differently in different counties and courts also clarifies which sections have to be taken into the translation in full.

Remarriage and the marriage licence

One of the commonest reasons a divorce decree is asked for in the USA is an application for a marriage licence by someone who wishes to remarry; the county office concerned wants to see from the translation of the judgment that the earlier marriage has legally come to an end. In this context the annotation showing that the judgment has become final is decisive, since it is that annotation which documents when marital status changed. Confusing the date of finality with the date of the judgment can bear directly on the application and hold the request up.

Which county the judgment is submitted to, and for which transaction, also determines the documents to be added to the translation: one office may be satisfied with a certified copy of the judgment alone, while another asks for a further verification. Having the names of the parties agree exactly with the passport and the identity documents spares the clerk moving between several papers any moment of hesitation. The translation carries these identity details without interpreting them, in the spelling used on the official documents.

The same judgment may need to go both to a county transaction and to an immigration application. Because those two recipients expect different things, knowing where the document is bound makes it possible to prepare the right number of sets, in the right form, in one go. In one state a court may be asked for a recognition ruling, while in another an administrative submission is enough. Learning these differences in advance prevents time lost at the wrong door; the translation rests on the same faithful text whoever the recipient is.

The principle of comity: there is no exequatur

In the USA a foreign divorce judgment is recognised not through an “exequatur” action, as it is in continental Europe, but through the principle of comity applied by the state courts. How recognition works varies from state to state: in one it may be enough to submit the judgment to the relevant county recorder’s office, while in another a court ruling is required. The state in which you will use it, and the purpose for which you will use it, therefore also determine the set of documents to be translated.

USCIS and the immigration context

A divorce decree comes up most often in the USA in immigration and marital status matters; on an application for a new marriage or for a change of status, USCIS reads from the translation of the judgment that the previous marriage has legally ended. USCIS asks not for a sworn translation but for one accompanied by a signed declaration of accuracy. The name of the court and the file number identify the document; they are not equated with a state court (a Family Court, say) but carried as they stand.

The annotation of finality and the declaration of accuracy

The annotation showing that the judgment has become final matters just as much to a US authority: it documents when marital status changed, and it is rendered in full in the translation. Because the types of maintenance (interim, spousal and child) carry different legal consequences, they are not collapsed into a single equivalent.

The order of authentication and frequent mistakes

• Establish at the outset in which state, and for what purpose, the judgment will be used.
• Do not have the judgment translated before the annotation of finality has been obtained.
• For a judicial document, obtain the apostille from the judicial justice commission, not from the governor’s office.

The USA is a party to the Hague Apostille Convention; confirm the current position from the official HCCH list. You can have your file handled at our single office in Ankara Kızılay, see the cost on our pricing page and upload your document to request a quotation. This page is for general information and is not a substitute for legal advice; confirm the rules of the state where it will be used with your lawyer.