If you find yourself searching for information about divorce decrees, and want to uncover exactly what they are and what they look like, you’re in the right place. At splitup, we provide extensive family law support and guidance. In this guide, we explain exactly what a divorce decree is, what it includes, and what it means for you.
Divorce Decrees - The Overview
Put simply, a divorce decree is a court order that legally ends a marriage.
Once the divorce decree is entered, both individuals can move on with their lives separately. However, it should be noted that a divorce decree will not remove either individual from any joint debt or contract obligations.
Also, while a divorce decree may include rulings on things like custody and child support payments, both parties typically retain the right to seek modifications post-decree.
What Does a Divorce Decree Look Like?
Exactly what your divorce decree looks like will depend in part on which state you’re filing for divorce in.
Generally, a divorce decree can range from a simple judgment of Absolute Divorce (a short form judgment that confirms the statutory requirements for divorce have been met, and please note that the terminology for this may vary by state) to a much more detailed legal document which also includes the specific terms of any separation agreement (e.g. what both parties have agreed on when it comes to things like child custody arrangements, child support, any post-separation support, fair division of shared assets, and any alimony payments owed), depending on your state. In some states, the decree will include a parenting plan and a marital settlement agreement (MSA) instead of "separation agreements”.
You should note that when a divorce decree does include details of the separation agreement, the terms of that agreement have at this point become an order of the court. As a result, failure to comply with and abide by the terms of the agreement may result in legal consequences.
How Do I Get a Divorce Decree?
Eligibility to get a divorce decree will vary by state, and you should research your state's specific eligibility criteria for the most accurate and up-to-date details on this.
However, generally, to get a divorce decree you will have to have lived in the state for a specified amount of time, some states require you to have been separated for a specific period and had no intention of resuming the marital relationship during that time.
Keep in mind that, as mentioned briefly above, filing for a divorce decree does not always address things like alimony, asset distribution, post-separation support, and child custody arrangements. In some states, custody, alimony, and property division will be addressed as part of the main divorce case. However, there are situations where separate motions or filings may be required.
How Much Does a Divorce Decree Cost?
If you are already divorced, actually obtaining a certified copy of your divorce decree can be fairly inexpensive, ranging from just a few dollars up to around $20 in most states.
However, if you instead want to know how much it costs to go through the whole divorce process and ultimately end up with a divorce decree, there is no one-size-fits-all cost. The total cost of your divorce will be influenced by many different factors and context that is unique to you and your relationship.
There will be a few different costs throughout the divorce process, including filing fees and any costs associated with professional legal advice should you hire a divorce attorney which can range from a few thousand dollars to upwards of $300,000 depending on the complexity of your case.
You will also need to factor in the costs associated with any separation agreement, like the division of your shared assets and any alimony payments that you may need to make (or receive).
At the lower end and when a divorce is an uncontested one, and assuming both parties represent themselves, total divorce costs could sit somewhere in the $200 to $2,000 range.
Are Divorce Decrees Made Public?
The answer to this will differ depending on which state you’re in, however divorce decrees typically are part of the public record. This means that anyone can request a copy, unless the court has decided to seal the document. However, this doesn’t necessarily mean that anyone can access the document. In some cases, to access the decree you will need to provide specific case information and the
To do so, an individual should start by inquiring with the courthouse in the court clerk’s office. However, you should note that in some states divorce decrees will be handled and issued by the county clerk’s office.
If you want to find out more about the topic of what divorce records are made public, please refer to our guide on the subject (*insert link to page once live).
I Got My Divorce Decree - What Happens Next?
Well, the first thing to note is that both you and your former spouse will need to ensure that you’re both abiding by the decree.
Where the decree outlines key obligations for either party to obey, such as paying a set amount of child support each month and/or obtaining specific insurance policies, by law they must meet these requirements.
Keep in mind that it is up to you to make sure that your former spouse is in compliance with the decree. This includes making sure that they are paying off all or their share of any marital debt obligations. Failure to do so could risk making you liable for that debt.
As soon as you receive your divorce decree, it is important that you:
Read it in full and verify its accuracy.
Submit any appeal/objection/motion for a new trial timely, in the event that you’re unhappy with the judge’s decision. Each state has its own deadlines, but they are typically around 30 days.
Update any paperwork and policies which list your former spouse (such as your power of attorney, will, insurance policy beneficiaries, emergency contacts etc.).
Return to court in the event that your former spouse doesn’t comply with the decree obligations.
Re-litigate if you need to update or change any spousal or child support arrangements.
Remember, ensuring that you and your former spouse are complying with the divorce decree is an ongoing thing, and must be done for as long as any details listed within it remain relevant.
Divorce Decrees Vs Divorce Certificates - What’s the Difference?
If your state provides a “divorce certificate” or a “certificate of divorce”, it is a completely different document than your decree.
The divorce certificate is not prepared by the court like the decree is, and is instead issued by your state's health department or bureau of statistics (often the same place that issues your birth certificate).
The divorce certificate is a much more concise document which simply lists the fact that you are divorced, the names of the parties that the divorce relates to, the date of the divorce, and the place of the divorce.
Not all states will issue a divorce certificate.
When one is issued, they can be used for things like changing your name, showing proof of your divorce without revealing private details, applying for a travel visa or passport (unless your name change isn’t on the certificate), showing that you’re legally single for things like inheritance purposes, and may be required should you wish to get married again in the future. If your state does not create a divorce certificate, you can use a certified copy of your decree for the same purposes.
Conclusion
So there you have it, a wealth of information about divorce decrees. For even more support and guidance on all things family law-related, be sure to download and subscribe to the Splitup app. Within the app you will find comprehensive content across multiple formats to help you navigate the world of family law with confidence.
Disclaimer: This article provides general information only and does not constitute legal advice. Divorce laws vary by state, and you should consult a licensed family law attorney in your jurisdiction for advice about your specific situation.
