While there is an innumerable amount of paperwork involved in the process of divorce, the last document issued is arguably the most important. A divorce decree is a legal document that a court issues, formally ending a marriage. It represents the final judgment in the divorce process and outlines the terms and conditions agreed upon by both parties or mandated by the court. Understanding a divorce decree is essential for individuals navigating the complicated process of divorce. For assistance during this difficult time, work with a Sussex County, Sparta divorce attorney.
What Can Be Found in the Divorce Decree?
The divorce decree will include various information relevant to the specific relationship. All decrees include the names of both spouses, what court is issuing the statement, and the division of property and debts. While all relationships are different, these line items remain the same across the board.
Depending on the details of the circumstances, the decree may also include the following information.
- Name change: This is only relevant if one spouse wishes to revert back to their former last name.
- Alimony: Not every relationship will require spousal support, but for those that do the decree will include the name of the paying party, how much they are required to pay, for how long, and the frequency of payments.
- Child custody: For spouses who share minor children, a custody agreement will be included detailing the rights of each parent to legal and physical custody as well as visitation rights.
- Child support: Again, for couples with minor children the noncustodial parent will generally be required to pay support to the custodial parent. The decree will outline which spouse must pay, how much, and the frequency of payments.
The details included in the divorce decree will vary depending on the unique circumstances of the relationship.
What is the Process of Obtaining a Divorce Decree?
The divorce process can be time-consuming, expensive, and emotionally draining. It can take months, sometimes years, of court dates, negotiations, fights, and more to finalize a divorce. However, in simple terms, the process of obtaining a divorce decree is as follows.
- File for divorce. Once the filing spouse submits a petition for divorce with the court the process has begun.
- Negotiate or attend mediation sessions. If the other spouse does not agree to all of the terms outlined in the petition for divorce they will have to engage in negotiations or mediation to reach an agreement on various issues.
- Attend court hearings. If the parties cannot agree on the terms of the divorce a court hearing or trial may be necessary. A judge will hear both parties and examine their evidence before making a decision on the contested issues.
- Issuing of the divorce decree. Once all relevant matters have been settled the court will draft the divorce decree which a judge will sign and file, making it legally binding.
During the divorce process, it is crucial that you have skilled representation advocating for you and protecting your rights. Contact an attorney at Paris P. Eliades, LLC to discuss your case today.
