What is a Divorce Decree and how to get a copy of a divorce Decree
The judicial process for your divorce comes to an end with a divorce decree. A divorce decree is a court document that signifies the end of a divorce matter. It shows that a dissolution between a husband and wife has been concluded by the court. A divorce decree is meant to be binding on the parties.
In contrast to the divorce decree, which is a court ruling that you and your spouse must abide by and is final and enforceable, your state issues divorce certificates for record-keeping purposes. It settles every issue that was raised during your divorce.
A divorce decree is more than just documentation of your marriage’s dissolution. Additionally, it includes the conditions of your divorce about things like child custody and visitation, child support, spousal support (alimony), and the division of marital assets and liabilities. A divorce decree is a court order, thus both ex-spouses are subject to its terms and have the power to enforce it.
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As part of your divorce, you can typically change your name if you’ve chosen to do so. The divorce decree, which includes the court’s name-change order, might be used as evidence that you’ve legally changed your name if the judge allows your request to resume using your former name.
There are three primary purposes for a divorce decree. In order to identify the participants in the divorce, it first comprises details about you, your spouse, and any children from the marriage. To ensure that your divorce complies with Virginia law, it also calls for factual assertions. How the parties were served, the fact that both are adults, the kind of divorce granted, and the length of the separation are all included in this information. The divorce decree will also specify how the marital estate will be divided and detail spousal support obligations.
Due to the relative simplicity of the factual material, the sections of the divorce decision that deal with property partition and child support will typically be of the most interest to most people. Any sum of money that must be paid once the divorce is finalized will often be specified in the divorce decree. The distribution of assets, discharge of debts, spousal maintenance, and any responsibilities to children from the marriage are all covered by this.
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Content of a Divorce Decree
- Identification information for each spouse, including names, residences, and birthdays
- Information about any young children who may be identified (and sometimes adult children, if relevant)
- the location and phone number of the court
- information about any participating lawyers in the case and the reference number of the case
- the marriage’s formal divorce date
- the title and name of the presiding judge
- a declaration that the divorce is final and a statement that one of the spouses’ last names will be changed (if requested as part of the divorce).
- Documents Divvying up assets and debt
- parental responsibilities and child custody
- child support
- alimony (spousal support or maintenance) (spousal support or maintenance)
- Any other case-related matters, including the distribution of retirement accounts (including, if appropriate, a qualified domestic relations order, or QDRO).
- Each spouse, their legal representative (if any), and the judge will all sign the decree. The final document is typically sealed by the court clerk in many jurisdictions.
- A judge’s signature makes your divorce decree legally binding. A certified copy bearing the court’s seal should be obtained from the family court clerk’s office as soon as the divorce is final. (For divorce-proof, several locations demand a certified copy.
What to Do if You Need a Copy of Your Divorce Decree?
If you didn’t receive a certified copy of your divorce decree after the divorce was finalized, you can often seek one from the county court clerk’s office. Some courts let you submit an online request for a certified copy, while others demand a written request. For a copy of your decree, nearly all courts will charge a fee.
You can also obtain a copy of your divorce decree from the office that manages important records in various states (such as the health department or office of vital records). The majority of vital record offices, however, simply offer copies of divorce certificates; they do not offer divorce decisions.