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What is a Divorce Decree?

Disclaimer: Please note that this article is not intended to be legal advice. You should always talk to an attorney who is skilled at family law about your unique situation.

A divorce decree is a court’s irrevocable ruling and judgment order that renders the termination of the marriage legitimate. Each divorce decree is going to be different; the decree’s purpose is to outline the duties and rights associated with the divorce.

Divorce decrees are vital since the divorce process isn’t finished until one gets produced. Consequently, the party’s standing as married or divorced won’t be complete until the divorce decree is done. Divorce proceedings that aren’t finished can have an effect on various facets of life, like debt, taxes, possession of property, and benefits from employment, and additional legal rights.

What Does a Divorce Decree Typically Include?

Divorce decrees typically address issues like:

  • Property division between each party
  • Alimony or spousal support
  • Child custody, support, and parenting time (when applicable)
  • Various financial responsibilities of the parties

In addition to these legal matters, the decree will typically include basic details associated with the case, like the names of the parties, the effectual date of the decree, and its case number. This can usually help in locating records of the decree at a future date, which are usually held by at the local county records office.

Can a Divorce Decrees Be Modified or Appealed?

In general, divorce decrees are final and mandatory for each party. Despite that, there are some cases when the decree can be modified or appealed.

Modifying a divorce decree can be possible in cases related to matters like child support or alimony, and parenting time or custody rights. In a lot of cases, the parties will not be able to modify the decree when their disagreement is of property division.

Getting a divorce decree appealed is usually restricted to errors established on the legal ruling of the lower court. Appeals need to be particularly requested (they’re not automatically awarded) and have very severe filing deadlines. Only matters of law, not fact may be appealed.

Do I Need an Attorney for Assistance with a Divorce Decree?

Divorce decrees are final and subject to very little modification or change after they are issued. Therefore, you’ll need to consider carefully when asking for specific actions throughout divorce proceedings. A divorce attorney can help you navigate throughout the whole divorce process to guarantee nothing has been neglected prior to the final divorce decree getting issued.

Source:

  1. LaMance, Ken. “What Is a Divorce Decree?” LegalMatch Law Library, 7 June 2018, www.legalmatch.com/law-library/article/what-is-a-divorce-decree.html.

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