A divorce decree is a document that states the terms and conditions of a divorce. It is issued by a court and outlines information about custody, child support, property division, and alimony. If you’re getting divorced, it is important to understand what a divorce decree entails. To learn more, keep reading.
What is a divorce decree?
A divorce decree is an official document that confirms the legal end of a marriage. A judge or magistrate will grant it only once both parties agree on the terms of the divorce, including custody of children, spousal support, and division of property. Or, if the parties cannot agree on all issues, the decree will be awarded after a judge makes these decisions.
Your divorce decree will formally end your marriage and restore your single status. It will list all divorce-related agreements between you and your former spouse. Once a divorce decree is issued, it is very difficult to change these agreements without returning to court.
How to get a divorce decree
To get a divorce decree, you must submit a petition for divorce to your local courthouse. Once your petition has been filed, you will need to have your spouse served with divorce papers. Once your spouse receives the papers, they have a certain amount of time to respond. If they do not respond within the allotted time, you may be able to proceed with an uncontested divorce. This means that your spouse does not object to any of the terms of the divorce and agrees to sign the divorce decree.
If your spouse does object to the terms of the divorce, or if the two of you cannot reach an agreement on all aspects of the divorce, you may need to go through mediation or litigation. This can be a long and expensive process, so it’s usually best to try to reach an agreement with your spouse beforehand, if possible.
Helpful download: Divorce Process Flowchart
How to get a copy of your divorce decree
Once your divorce decree is signed by the judge, the clerk will file it in your court records. As soon as it’s there, you can get a copy of it for a small fee. You might need a copy of your divorce decree if you’re changing your name, removing your ex-spouse from bank accounts, or changing the title on property you own.
At Hello Divorce, we understand that most clients prefer to avoid lengthy litigation and expensive divorce lawyers. And yet, you may struggle to agree with your spouse on all of the issues. For this reason, we offer flat-rate mediation services that can help you finalize your divorce agreements without hiring an expensive divorce lawyer or going to court.
Frequently Asked Questions
What is a divorce decree?
It’s the final court order that officially ends your marriage and sets the terms for property, custody, and support.
What information is included in a divorce decree?
It includes property and debt division, custody and visitation schedules, child support, spousal support, and any other court orders.
When do I receive my divorce decree?
You get it once the judge signs it and the court records it as final.
Is a divorce decree the same as divorce papers?
No. Divorce papers are filed during the process, while the decree is the court’s final judgment.
Why is a divorce decree important?
It proves your divorce is final and provides legal instructions. You may need it for name changes, financial transactions, or remarriage.
Can a divorce decree be changed?
Yes. Certain parts, like custody or support, can be modified if your circumstances change significantly.
How to Understand and Use Your Divorce Decree
Obtain a copy
Get a certified copy from the court once your divorce is finalized.
Review the details
Read through it carefully so you understand what’s required.
Follow the orders
Comply with terms like support payments or parenting schedules.
Use it for official changes
You’ll need it for things like changing your name, refinancing, or remarriage.
Request modifications if needed
File with the court if custody, support, or visitation needs to change.
Keep it safe
Store your decree securely since it’s an important legal record.
What's after divorce?
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