Can I Apostille a Photocopy of My Florida Divorce Judgment?

Why the apostille requires an original certified document

An apostille doesn't authenticate the content of a document, it authenticates its origin: it certifies that the signature and seal of a specific official are genuine and on file with the state. A photocopy doesn't carry an original signature or seal, only a reproduction of them, so there's nothing the Florida Department of State can verify directly against its own records. That's why the state requires a document with an original signature and seal, in other words, a certified copy.

What the state does accept: certified copies

A certified copy differs from a photocopy because it's issued directly by the corresponding office, with its own signature and seal on that specific copy, not a reproduction of an earlier one. For divorce, this means: the Dissolution of Marriage Certificate issued by the Bureau of Vital Statistics, or the Final Judgment of Dissolution of Marriage issued as a certified copy by the clerk of court in the county where the case was filed. Either one is apostille-eligible, as long as it's the original certified issuance.

The difference between a photocopy, a certified copy, and a downloaded PDF

These three formats often get confused because they can look like the same document at a glance. A photocopy is a reproduction made by anyone from an existing copy, it carries no new certification. A PDF downloaded or printed from an online portal, if it wasn't formally requested as a certified copy from the issuing office, doesn't count as one either, even if it contains the same information. A certified copy, by contrast, is a new document, issued specifically for that request, with the original signature and seal of the corresponding official.

What to do if all you have is a photocopy

If all you have is an old photocopy of the judgment or the certificate, the next step isn't to try apostilling it, but to request a new certified copy. You can use the photocopy as a reference to confirm the county, the approximate date, and the exact names that appear on the case, information that makes the request easier, but the certified copy itself must be requested directly from the Bureau of Vital Statistics or the appropriate clerk of court. Our guide on how to apostille a Florida divorce decree covers that full process.

Common mistakes

These are the most common mistakes involving photocopies and non-certified copies in this type of process.

• Sending a photocopy assuming the apostille will "certify" it; an apostille does not turn a photocopy into an original.
• Confusing a PDF downloaded from an online portal with an official certified copy.
• Notarizing a photocopy thinking that makes it apostille-eligible; a notarized photocopy is still not the original certified copy the state requires for this type of document.
• Waiting until the last minute to discover the document on hand isn't apostille-eligible.

How to tell a certified copy from a plain photocopy

Before sending any document for apostille, it's worth checking it carefully to confirm it's actually a certified copy and not a reproduction.

• Look for an official seal or stamp from the issuing office directly on the document itself, not just a watermark or a printed graphic.
• Verify it carries a signature, usually in ink or with a verifiable digital certification, from the corresponding official on that specific copy.
• Confirm the document includes a certification statement or legend indicating it's a true copy of the official record.
• If you're unsure whether your document meets these points, the safest move is to request a new certified copy directly from the corresponding office before sending it for apostille.