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What Is a Divorce Decree and What Does It Do?

A divorce decree is the final court order that officially ends a marriage and outlines each party’s rights and responsibilities, including property division, spousal support, child custody, and other legal obligations. It differs from a divorce verification, which confirms the divorce without personal details. In some instances, a divorce decree can be modified due to major life changes, such as income shifts, remarriage, or relocation, requiring legal steps like filing a motion and attending a court hearing.

Even an amicable divorce can be a tiring process. In addition to the emotional distress that comes with ending what you thought would be a lifelong commitment, you have to spend time and energy negotiating property division, filling out paperwork, and meeting with attorneys and court officials. So, when you get to the end of the road, you’re ready to see the process done and over with.

No matter whether your divorce is settled without any conflict or it turns into a months-long legal battle in the courtroom, the result will be the same: the court will issue a divorce decree.

In this article, we’ll examine divorce decrees and other records that emerge from a finalized divorce and answer the question: What is a divorce decree, and what does it do?

What Is a Divorce Decree?

The divorce decree that the court issues is the formal result of the divorce proceedings. The moment your finalized decree is signed, stamped, and dated by the court, the marriage is terminated, and you are once again a single individual.

But your divorce decree does more than terminate the marriage. A divorce decree is a court order that outlines each party’s rights and responsibilities following the divorce. Divorce decrees typically include such details as:

  • Property distribution: Who receives what from the couple’s pooled assets?
  • Spousal support obligations: Does one party owe the other alimony or other spousal support payments?
  • Child custody details: Who will be responsible for the care and upbringing of the couple’s children? What are the visitation rights?
  • Child support obligations: Does one party owe the other regular child support payments?
  • Other legal obligations: If the divorce was hostile, the court may have issued one or more protective orders to keep an aggressive ex-spouse from approaching or contacting the other.

Divorce Decree vs. Divorce Verification

Your divorce will actually generate two final documents. The first is the divorce decree itself, which is kept on record in the Superior Court in the county where your divorce was finalized. As stated above, your divorce decree contains all the details about the divorce and outlines the rights and responsibilities of both parties going forward.

The second is your divorce verification (also known as a “divorce certificate”). This much simpler document records the fact of your divorce without going into any of the details of the final arrangements. Divorce verifications are maintained by the state’s Office of Vital Records, the same agency responsible for maintaining birth and death certificates, marriage licenses, and adoption records.

Why Are There Two Different Documents?

The decree and the verification serve two very different purposes:

Your divorce decree is an enforceable court order that contains considerable amounts of personal details about you and your former spouse. As such, it’s usually only of interest to the two parties and their counsel.

Your divorce verification only verifies that you divorced your former spouse, the date on which the marriage ended, and where the divorce took place. Since it doesn’t contain personal information, it’s more appropriate for use with third parties when you have to confirm your divorced status.

Can a Divorce Decree Be Modified?

In some circumstances, yes, you can petition the court to have a divorce decree modified. In fact, decree modification is actually fairly common, usually taking place when one party has gone through some significant life change:

  • Lost or gained a substantial amount of income
  • Child support or custody needs have changed
  • Gotten married
  • Moved or is moving to a different state

In these and a handful of other cases, the court will usually entertain a petition to modify. To have your divorce decree modified, you should take the following steps:

  • Consult with your family law attorney. Even if your initial divorce was a simple, amicable case without counsel involved, modifications should always be handled by a skilled family law attorney.
  • Gather supporting evidence. For a court to modify one of its legal orders, the judge will need to see compelling evidence that the modification is necessary. Collect and save all documents, phone calls, messages, and other evidence to help your attorney make your case.
  • File a motion for modification. Your attorney can handle the necessary steps to start the modification process and get your case onto the court’s docket.
  • Serve the former spouse. You will be required to legally notify your former spouse by serving them or having them served with the motion. Your attorney can manage this process for you.

Following those steps, you’ll attend a court hearing where the judge will listen to both parties’ evidence and make the final determination as to whether or not a modification is justified.

Preparing to Go Through a Divorce? We Can Help: Call EMC Family Law Today!

Our attorneys offer trusted, helpful legal guidance through every step of any divorce, no matter how contentious or complicated. Give us a call and let us guide you through your next steps: 770-225-7000

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