If you and your spouse have decided to go your separate ways, you will need to obtain a divorce decree. This document formalizes the divorce and outlines its legally binding terms. As such, it’s crucial to understand what this legal document includes. Please continue reading to learn the importance of its contents and why connecting with our dedicated Monmouth County Divorce & Separation Attorneys is in your best interest.
What is Included in a Divorce Decree?
A divorce decree or divorce judgment is a final, enforceable court order that you and your spouse are bound by. Essentially, it’s the final step in court proceedings for your divorce and outlines the terms that will apply to the termination of your marriage. It officially terminates a marriage, acting as a formal dissolution of the legal union. Although similar, a divorce decree is not the same thing as a divorce certificate. These two legal documents serve different purposes. A divorce decree outlines the terms that were agreed upon by the parties or determined by the court, whereas a divorce certificate simply shows that you are officially divorced.
It’s important to have a copy of both your divorce decree and your divorce certificate as both legal documents may be necessary for future purposes. Nevertheless, a divorce decree specifies the final terms of the divorce and each party’s obligations, which typically include the following:
- Details surrounding the court proceedings
- Details about the marriage
- The divisions of assets and debts
- Spousal support
- Child custody
- Child support
- Name changes
- The grounds for the divorce
The above information will generally be included in a divorce decree, along with any other relevant provisions, such as a Qualified Domestic Relations Order (QDRO), that were agreed upon or determined by the court during divorce proceedings.
Why is the Decree Important?
A divorce decree is important for various reasons. Firstly, it dictates the terms of your divorce. Once the decree is issued, you and your former spouse are bound to follow the terms laid out in the settlement that relate to custody, support, and property division. If one party fails to comply with the terms, the other spouse can seek assistance from the court for enforcement. For instance, if one party refuses to fulfill their spousal support obligation, the other spouse can take action, as the other party is guilty of violating a court order.
In addition, can help you prove that your marriage is over. Without this legal document, your divorce cannot be finalized. Therefore, it’s important to have if you plan on getting remarried. It also gives you the authority to change your name. In many cases, individuals take their spouse’s name upon marriage. However, if you ever want to revert to your previous name, you will need your divorce decree.
At Paone Zaleski & Murphy, we are prepared to help guide you through each phase of the complex divorce process ahead. Connect with our dedicated legal team today to learn how we can fight for you.