A divorce decree is the document which officially grants a divorce. It
is an order issued by the court having jurisdiction over the matter.
Once a judge has issued a divorce decree, the parties are officially
divorced.
Who Is Authorized to Issue a Divorce
Decree?
Only the court, through a judge in the proper court, may issue a
divorce decree. Even if the parties to a divorce enter into a
settlement agreement, the Family Court judge must approve the agreement
and issue an order, which he signs, specifically granting the divorce
and officially terminating the marital relationship.
How is a Divorce Decree Obtained?
The first step in obtaining a divorce is filing a petition for divorce
in the appropriate court. There may be many different courts which have
jurisdiction over the issue. Typically, one can file for divorce in the
state in which the couple were married, the state in which the filing
spouse resides and the state in which the non-filing spouse resides.
The petition for divorce must be served on the other spouse, providing
him or her notice of the requested divorce. This will commence the
legal process.
What Happens After The Divorce
Petition has been Filed and Served?
Once the divorce process has commenced, it is typically up to the
parties to try to work through the process and come to an agreement as
to the division of any and all marital assets. If there are children
from the marriage, custody and child support will also need to be
worked out. Often times, spousal support will also be sought by one
party to the divorce.
The best case scenario is where the parties are able to reach a
settlement as to all assets, custody and spousal support, resulting in
a settlement agreement which can be filed with the court. Frequently,
however, court intervention is required to resolve some, if not all, of
these issues.
Typically in divorce proceedings, there will be at least one court
hearing the parties will need to attend. This initial hearing is
somewhat of a status check, where the court establishes which judge
will be hearing the case, should the divorce proceed to trial, and to
see where the parties are in reaching an agreement. When there is an
issue of custody, many courts require a special custody mediation, with
the mediator providing a recommendation to the court as to physical and
legal custody.
Most states have mandatory formulas that are used to calculate spousal
and/or child support. A party can always request the court order a
higher or lower amount, but it is unlikely such a request will be
granted.
Two Ways A Divorce Can Be Granted
Ultimately, a divorce proceeding will end in one of two ways. A
settlement will be reached with the parties signing a written
settlement agreement, which will include a final disposition of all
marital property, custody arrangements, child support, and spousal
support. The settlement agreement will be filed with the court, where
the judge will enter it into the record and sign an order granting the
divorce based upon the terms of the agreement.
If a settlement agreement is not reached, then the case will proceed to
trial. A judgment will be rendered, with an order signed by the judge
granting the divorce. This judgment and order will include all of the
terms of the divorce that were decided in the trial.
Most Divorces Have a Mandatory Waiting
Period
It is important to note that most states have a mandatory waiting
period before a divorce can be deemed final. Typically, that period of
time begins at the moment that the petition for divorce has been served
on the other party. Even if the parties reach an agreement earlier, the
divorce will not be deemed final or official until that waiting period
has ended.
Hire An Attorney
If you are considering filing for divorce or have been served with
divorce papers, it is best to consult with an attorney specializing in
family and divorce law. This is the best way to protect your rights and
ensure the best outcome for you and your children.