Scales of justice in front of the US Capitol representing court orders and federal court documents apostille

Apostille for Court Orders and Federal Court Documents

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Court documents are where apostille paperwork gets confusing, because two court systems and several kinds of offices are involved. Divorce decrees, name changes, adoption orders, and civil judgments come from state courts. Bankruptcy and federal civil cases come from federal courts. The route differs for each, and the instructions for federal documents are not worded the same way everywhere. This guide lays out what the official sources say and how to avoid sending your document to the wrong office.

Short answer: For a state court order, get a certified copy from the court clerk, add a county clerk step if your state requires one, and then get the apostille from that state's Secretary of State. For a federal court document, federal court clerks say they issue apostilles on documents generated by their own court, but the Department of State's page also lists federal court documents among the federal documents it authenticates, so call the clerk before you send anything. Never notarize a certified court copy.

State court vs federal court at a glance

Document	Issued by	Typical route	Notes
Divorce decree, name change order, adoption order, civil judgment	State or county court	Certified copy from the clerk, then state apostille	Some states add a county clerk step
Probate orders and letters testamentary	State court	Same as above	See our estate planning guide
Federal district court documents	Federal district court	Ask the clerk of that court whether it issues the apostille	Clerks say they issue apostilles for documents generated within their court
Bankruptcy court documents	Federal bankruptcy court	Contact the bankruptcy court first	One district says the bankruptcy court provides a certified copy to the district clerk
Other federal courts	Supreme Court, Court of Claims, Court of International Trade and similar	Ask the clerk	The HCCH lists these courts among the U.S. competent authorities

State court documents

Order a certified copy from the clerk of the court that issued the order. Ask for a copy suitable for an apostille, with the clerk's signature and seal.
Check for a county step. In Kentucky, for example, court records issued by a circuit court clerk must be submitted to the corresponding county clerk to certify the circuit clerk's signature before the Secretary of State will apostille them.
Send it to the Secretary of State of the state where the order was issued.

Do not notarize the certified copy. Texas's Secretary of State says recorded documents cannot be notarized, and Delaware says publicly recorded documents are never notarized. The clerk's signature is what gets authenticated. If a notary adds a stamp, the document can be rejected. For divorce decrees specifically, see our divorce decree apostille guide.

Federal court documents

Here the official sources point in two directions, which is why calling the clerk first matters:

The HCCH lists the U.S. competent authorities and says federal courts issue apostilles on documents issued by those courts.
District courts publish their own procedures. The Northern District of Texas says its clerk can prepare an apostille only for documents generated within the court. The clerk makes a copy, certifies it as a true copy, and issues the apostille on that certification, and fees apply for copying, certifying, and the apostille. The Southern District of Illinois says the same about documents generated within its court and sends other documents to the Illinois Secretary of State or the Department of State.
The Northern District of New York describes an exemplification, in which the clerk certifies that the copy is a true copy and the Chief Judge certifies that the clerk keeps the records.
The U.S. Department of State lists federal court documents, along with FBI background checks issued by the Department of Justice, among the federal documents it authenticates. An Indiana Secretary of State form likewise tells filers that documents issued under seal of a federal court must go to the Department of State.

So the practical answer is to contact the clerk of the court that issued the document, ask whether the court issues the apostille itself, and ask what it needs from you. If the clerk says to use the Department of State, follow its published process: Form DS-4194, a fee per document, and a prepaid return envelope. The sources we reviewed do not describe a separate Department of Justice step for ordinary federal court documents.

For a bankruptcy case, contact the bankruptcy court first, as the Northern District of Texas advises.

Step by step

Identify the court and the document. State, county, federal district, or bankruptcy.
Order the certified copy, or the exemplified copy for federal documents where the court uses that practice.
Ask who issues the apostille. For a federal court, ask the clerk. For a state court, the Secretary of State.
Add any county step the state requires.
Send the package with the request form, fee, and a prepaid return envelope.
Arrange a certified translation if the destination requires one.

Mistakes to avoid

Notarizing a certified court copy.
Sending a photocopy of a decree instead of a certified copy.
Mailing a federal court document to a state office, which will send it back.
Using the wrong state. A decree is apostilled by the state that issued it, not the state where you live now. See I don't live in the state that issued my document.
Assuming the apostille makes a foreign court recognize the judgment. It only authenticates the signature and seal. Recognition is decided under the foreign country's law.

Frequently asked questions

Can a divorce decree be apostilled?

Yes. A certified copy from the clerk of the court that issued it goes to the Secretary of State of that state, and a county step applies in some states.

How do I apostille a federal court document?

Ask the clerk of the federal court whether it issues the apostille itself. Several district courts say they do for documents generated within the court. Otherwise the Department of State handles federal documents.

Do I need a judge's signature?

The apostille authenticates the signature on the certification, usually the clerk's or deputy clerk's, and sometimes a judge's. Ask the issuing court what its certified copy will bear.

Can I get one for a sealed or confidential case?

Ask the clerk. Access rules for sealed records are set by the court.

How long does it take?

It depends on the court and the apostille office. Ask each for its current timing.

Need help getting this apostilled?

American Apostille handles state and federal apostilles for clients across the United States and abroad. Contact us with your document and destination country, and we will confirm the route before we start. Pay after it's done. No upfront payment.

Related guides

Sources

Last reviewed October 2026. Requirements change and vary by court, state, and destination country. This article is general information, not legal advice.