From all of the confusing and complicated terms and descriptions that appear from a divorce, a divorce decree is usually amongst the list. However, while it sounds so scary there is nothing scary about a divorce decree usually. In the scheme of things, you should consider the divorce decree as your passage across the finishing line.
The divorce decree is the document that is drafted by the lawyer and then signed by a judge that specifically states which party gets what.
This document will always list out all details both large and small, as well as include any information for children necessary. Many states no longer include all of the information about the children in the divorce decree. The solution to this is to make a mention in the divorce decree and instead place the ruling for the children in a parenting plan.
The parenting plan is referenced in the divorce decree so that it is incorporated, but is generally a completely separate document. The purpose of the divorce decree is so that both parties are completely clear about which party receives what part of the marital assets. A divorce decree usually also includes a breakdown of the debts and who is responsible for which portion. In addition, a divorce decree will include responsibility for the court costs, and even the legal fees associated with the case.
While a divorce decree is the final order signed by a judge, it is possible to appeal the decision if the appeal is filed in time. However, there is no guarantee that appealing the divorce decree will give the results that you want. So it is often a risky process to appeal, especially considering the large amount that it costs in legal fees.
Another important item that is included in the divorce decree is the inclusion of alimony if it is due. The divorce decree would specifically state which party is due alimony, the amount, and even the length of time the alimony is to be paid. The alimony portion of the decree should even dictate under what circumstances the alimony can be stopped, for example if your spouse remarries it is customary for alimony to stop. However, if it is not specified in the divorce decree you would need to file for a modification of the divorce decree at a later point if you wanted alimony to stop.
The divorce decree will also include any information about child support that is to be paid. It will specify exactly who is responsible to pay child support, as well as the amount and who the support is to be paid to. For example, the parent required to pay child support may be obligated to pay the support to the state on behalf of their spouse. The state would serve to enforce the child support order, and pass payments along to your spouse. Following instructions in the divorce decree can help prevent further legal problems later on.
Your divorce decree should also specifically state whether the parties are divorced, as well as the names of each of the spouses. For example, the divorce decree should state if the wife has had her name changed back to her maiden name. There are times when this is unnecessary and it is up to the wife to decide if she wants this. Lately there have been more couples marrying where the wife keeps her maiden name as her last name even after the marriage. When this happens, there is no need to change her name back, and it can be avoided completely.
Once the divorce decree is filed and signed by the judge, there is usually a specific period of time reserved for appealing the decree. If you do not appeal the decree, it is usually finalized within 30 days, but possibly as long as 60 days. The shorter period usually applies to couples who have no children, while the 60-day appeal term applies to couples with children.
As you can see, a divorce decree is a very important document that signals the end to an often long and emotional process. It contains information that both parties should refer to at times if there is ever a question over ownership of any items included in the decree. If you ever have any specific questions about your divorce decree, you should feel free to ask your attorney.
Here are additional resources you might be interested in:
What is an Uncontested Divorce?
What is a No Fault Divorce?
Glossary and Definition of Divorce Terms
More information on Divorce terms and definitions
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