Getting Married in the US With a Foreign Divorce: Marriage License Documents and Translations

In Los Angeles County, if your previous marriage ended within the last two years, the clerk wants a certified copy of the divorce, and if that document is in Ukrainian, an English translation by a certified translator that has been notarized. In Las Vegas, the Clark County Clerk does not ask to see the divorce decree at all unless it lets you use a name different from the one on your ID. Same country, same license, very different paperwork.

Most clerks accept a foreign passport as ID, and Los Angeles County states plainly that there is no residence or citizenship requirement. The divorce is where offices differ. Many ask for the date your previous marriage ended, some require the document itself, and those that do almost always want a foreign-language decree translated into English, often with notarization.

This guide covers what four real offices ask for, how to find the correct divorce date on a foreign document, what a clerk-ready translation contains, and what happens next with USCIS and abroad.

Who sets the rules for a marriage license?

The state sets them and a local clerk applies them. There is no federal marriage license. Licenses are issued by county clerks in California, Texas and Nevada, and by town and city clerks in New York, where New York City has its own Office of the City Clerk. Even within one state, offices publish different document lists, so check the specific office where you will apply.

A clerk is answering three questions: who are you, how old are you, and are you free to marry? A foreign divorce enters on the third.

What do county clerks actually require?

The pattern is clear. The strictest offices want the decree itself plus a notarized translation; the most relaxed ask only for the date. Most fall in between.

Does a foreign divorce decree need a certified translation for a marriage license?

Yes, whenever the office asks to see the decree and it is not in English. Los Angeles County requires an English translation by a certified translator, notarized. Yonkers requires a notarized translation into English. Clark County requires a signed, notarized translation, stating that it is true and correct and that the translator is qualified, for a foreign birth certificate used as ID.

Because several offices name notarization, ordering a notarized translation from the start is the safe choice for a marriage license. It costs far less than a second trip to the clerk's office.

A certification that covers the wording these offices ask for looks like this:

Which date counts as the end of a foreign marriage?

Usually the date the divorce became final, which is not always the date printed at the top. Los Angeles County puts it bluntly: a previous marriage is valid until the final date of dissolution. In many countries, a divorce decision does not take effect on the day it is signed.

• Russia. Under Article 25 of the Family Code, a divorce through the civil registry (ZAGS) ends the marriage on the day it is registered, and a court divorce ends it on the day the court decision enters into legal force. Former spouses may not remarry until they receive the divorce certificate, svidetelstvo o rastorzhenii braka, so that certificate is the document to bring. A court decision, reshenie suda, usually carries a note of the date it entered into force.
• Mexico. The State Department lists the acta de divorcio from the Registro Civil as the divorce record; a court divorce needs the family court decree to be registered there, and couples who meet the conditions can divorce administratively at the registry. If you have both the judgment (sentencia) and the acta, translate both.
• Religious-only divorces. A divorce granted only by a religious authority may not be recognized as a civil divorce where it was granted or in the US. Speak to a family law attorney before you apply.

What a clerk-ready divorce translation includes

• Full names of both former spouses, spelled exactly as in their passports.
• The court or registry office, case or registration number, and the judge's or registrar's name.
• The date of the decision and the date it became final or was registered.
• Any surname change ordered by the decree (for example, "after the divorce, the wife shall bear the surname Petrova").
• Every stamp, seal, signature and handwritten note, described in brackets.
• The back of each page, including any apostille.
• The translator's signed certification and, where required, the notary's acknowledgment.

Can a foreign passport be used as ID for a marriage license?

In most places, yes. Texas law names a current foreign passport expressly, Los Angeles County accepts a passport, and Clark County accepts an original passport or a foreign government ID card that shows the date of birth. The passport must be valid: Los Angeles County does not accept expired documents.

Clark County adds a practical warning. The license is issued in each applicant's name exactly as it appears on the ID presented, so bring the ID that shows your name the way you want it recorded. If your passport says Aleksandr and you want Alexander on the license, a clerk cannot fix that at the counter.

If you plan to take your spouse's surname, the marriage certificate later becomes your name-change document for Social Security, the DMV and passports. See name changes with foreign documents.

After the wedding: USCIS will ask for the same divorce

If your new spouse is a US citizen or permanent resident who will sponsor you, the decree you showed the clerk comes back. Under 8 CFR 204.2(a)(2), a spousal petition must include a marriage certificate issued by civil authorities and proof of the legal termination of all previous marriages of both spouses.

For USCIS, the translation must be complete and certified under 8 CFR 103.2(b)(3). Notarization is not required, but a notarized translation prepared for the clerk is still acceptable. See divorce decree translation for USCIS and the marriage-based immigration translation checklist.

How do you use a US marriage certificate abroad?

Order the right certified copy, get it authenticated, then have it translated. Many couples need the US marriage recognized in the foreign spouse's home country:

1. Order a certified copy from the issuing office, in the format meant for foreign use if one exists. New York City issues an Extended Certificate for this purpose; the City Clerk explains that it goes to the County Clerk for authentication and then to the New York State Department of State, which attaches the apostille.
2. Get an apostille from the state where you married, or consular legalization if the destination country is not party to the Apostille Convention.
3. Have the certificate and the apostille translated into the target language, following the destination country's rules on who may translate.

Our apostille service and translation for marriage abroad pages cover this step.

Common mistakes with foreign divorces at the clerk's office

• A plain photocopy where the office requires a certified copy.
• Only the first page translated of a multi-page court decision, leaving out the operative part and the finality stamp.
• The hearing date instead of the effective date, which can make a divorce look more recent, or older, than it is.
• An unsigned or un-notarized translation at an office that asks for notarization.
• An expired passport. Los Angeles County will not accept it.
• Different name spellings on the passport, the divorce translation and the application.

Checklist: marriage license with a foreign divorce

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