Going through a divorce can be physically and mentally draining. But what adds to your emotional turmoil is the legalities involved in it. The process torments you until you have the divorce decree in your hand. Even after all the lawful proceedings and the ending of the trials, your divorce is not considered final until you receive the decree. So you must be wondering what this decree is and how long you have to wait to obtain this court document after filing for a divorce. Read on as we tell you all the important details regarding a divorce decree in the US, the contents and duration for issuing the document, and more in this post.
What Is A Final Divorce Decree?
A divorce decree, aka divorce judgment, is a document signed and issued by the court after the termination of the marriage. The decree summarizes the agreements, rights, and responsibilities of both the parties. It will also have the basic information such as the case number, the names of the parties, date of divorce, etc. It will also outline the terms of the agreement in the case of the dissolution of marriage (divorce by mutual consent). The divorce decree is different from the divorce certificate and divorce record.
What Is The Difference Between A Divorce Decree, Divorce Certificate And A Divorce Record?
All these three documents are different and have their own purpose. Here is how they differ. However, these may differ from state to state.
What Does A Divorce Decree Usually Contain?
Along with the information such as the names of the parties, date of divorce, case number, etc., a divorce decree covers the below important matters: You need to go through the decree carefully because once you sign and send it to the court, it is difficult to make any changes in it. If you are unable to understand the terms, take the help of your attorney.
When Is A Divorce Decree Issued?
The issue of the divorce decree is the last step in a divorce procedure. The decree is issued in two ways based on how your divorce is processed. The decree takes more time in the case of a trial than in mutual agreement. In both situations, the parties write up an agreement and sign. Then the judge signs it and puts a seal of approval.
When Do You Receive Your Divorce Decree?
After the judge signs it, the decree is sent to the records office. Here the clerk enters the judgment and the date of the divorce in the court records. The copies are then mailed to each party or to the attorneys representing them.
How Long Does It Take For The Paperwork?
It usually takes a couple of weeks to months. The duration depends on:
The volume of divorce cases in the court and the time taken for the judge to get to your case number. In certain US states, there is a waiting period to give the couple one last chance for reconciliation.
Once you get the decree, you need to go through the copy carefully to make sure everything is right and there is no need for any changes in it.
Can You Change A Final Divorce Decree?
Once the final divorce decree is signed and submitted, making any changes involves an elaborate process. The court permits it only in certain instances such as:
The decree has some mistake or grammatical errors. One of the parties signed the decree under duress.
If there was a trial, parties can file for an appeal to modify the divorce decree. Here is an overview of the process. An appeal process is expensive, and the result may or may not be as desired. However, modifications are less expensive and can be quickly processed.
What To Do After You Get The Divorce Decree?
Getting the divorce decree is a big relief to you as the long and arduous process is finally over. However, before you think about your future course of action, here is what you should do after you get the decree:
What Are The Uses Of A Divorce Decree?
A divorce decree is needed to officially close your divorce process. The written document marks the completion of the divorce. You might need to have a divorce decree for the below reasons:
A divorce decree allowing you to retain your maiden name must be produced to change your name back in the passport, social security, credit cards, etc. To refinance the marital residence and remove the spousal name from the mortgage. If you want to marry again, the state will want to see the divorce decree at the time of registration. To file motions against your ex-spouse when they fail to abide by the agreed terms and conditions.
How Can You Get A Copy Of Your Divorce Decree In Future?
Once your divorce is finalized, the court will send you or your attorney a certified copy of the divorce decree. You can also get a free copy from the below-mentioned sources. In certain states, you can submit a request form to the office to mail you a copy of your divorce decree. They would charge a fee for sending the copy. If you are not one of the divorced parties and need a copy of the decree, then you must submit a notarized letter or signed affidavit from one of the parties granting you the permission to view or obtain the divorce decree. It must be noted that the procedures are different in different states in the US. So, know the procedure in your state and go ahead accordingly.
