Specialty tag(s): Pre-Divorce Guidance, Divorce
Jack Wall | January 22, 2025
A divorce decree is a legally binding document that finalizes a divorce. It lays out the rights and responsibilities of both spouses after the divorce and contains final resolutions on key matters like visitation, child support, and property division. It also includes standard provisions found in almost every decree, such as those regarding the court’s jurisdiction and how court costs will be paid.
The decree is the most important document in a divorce case. It is the way one achieves a desirable outcome. The end goal is to have a divorce decree that says the things one wants it to say. Because this document is so important, one must understand what it should look like, how long it takes to get one, and what makes it different from other documents. This article will explore these matters.
Here is what the first page of a divorce decree typically looks like:
Although the exact format varies, a standard divorce decree will include the court’s name, the case number, the spouses’ names, and, at the end, the judge’s signature. Although not shown in this picture, important provisions like parental rights, visitation, and child support will also appear.
It depends on various factors, but one of the most important is the agreeability of the spouses. Once spouses reach an agreement on the terms of their divorce, the attorneys can begin drafting a decree that memorializes the terms of the agreement. If spouses reach an agreement early in the process, they will likely have a decree sooner than those who take longer to agree.
If spouses cannot agree to the terms of their divorce, then a judge will have to decide the terms after a final trial. Spouses who need a judge to decide their terms typically wait longer than those who reach an agreement. It takes a significant amount of time to prepare for trial, attend trial, and wait for a judge’s ruling. Once the judge makes a ruling, the spouses’ attorneys will draft a decree that memorializes it.
A divorce decree is a comprehensive court order detailing the terms of the divorce. On the other hand, a divorce certificate is an official record that serves as proof of the divorce. It is often issued by a government agency, such as a vital records office, rather than the court itself.
The divorce certificate does not contain the terms of the divorce. It only includes basic information, such as the names of the spouses and the date of divorce. It is commonly used for administrative purposes, such as updating marital status on official documents.
A copy of your divorce decree can be found at the courthouse where your divorce was finalized. The process of obtaining it may vary depending on the courthouse. Some allow you to make an online request for it. Others require you to go there in person. Either way, you will likely need to provide identification to verify your identity.
If you are pursuing a divorce and need assistance, Goranson Bain Ausley is here to help. Our team of experienced family law attorneys can guide you through the process. Contact us today to schedule your consultation.
Our attorneys are experienced in all aspects of family law and will guide you through each step of the process, ensuring you have the information you need to make wise decisions and prepare for the future.
At Goranson Bain Ausley, we strive to deliver clarity about what comes next and confidence that you and your family’s future are more secure. Contact our team and discover how we can help you.
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