A divorce decree is an important legal document that serves as the official court order terminating a marital relationship. It sets forth the final terms of the divorce that both parties must abide by moving forward.
So, what does a divorce decree look like? The precise format may differ from state to state and case to case. However, this article gives a bit more detail. We describe what a final divorce decree looks like and where to find samples of such documents. We also explain why you need a divorce decree and how to obtain a certified copy.
What is a divorce decree?
A divorce decree is the document, signed by a judge, that officiates the terms and makes your divorce final. Essentially, it specifies who gets what. It is filed with the county clerk, in the county where the divorce was filed, and is prepared by the court or an attorney. In some states, divorce decrees are called divorce judgments.
Divorce decrees are issued in both uncontested and contested divorces.
In an uncontested divorce, spouses are able to reach an agreement about the terms of their divorce. They may hire a mediator to help with their negotiations and reach this consensus. Those agreed-upon terms constitute what is known as a marital settlement agreement, which is presented to a judge. The court or an attorney draws up a divorce decree, and the judge signs it, thereby finalizing the divorce and legalizing the terms.
In a contested divorce, spouses cannot agree about the terms and are often unable to communicate civilly, so mediation isn’t an option. In this scenario, each spouse hires their own lawyer to argue on their behalf in court. After both sides present their case, the judge determines the terms of the divorce. As in an uncontested divorce, at that point the court draws up a divorce decree and the judge signs it.
In some states (such as Florida, Texas and New York), there is a mandatory 60-day waiting period between the date of the filing and the date the divorce decree is signed. It’s a good idea to check the specific regulations and waiting periods in your home state or to speak to a lawyer who can walk you through them.
What does a final divorce decree look like?
There is no universal divorce decree example or template. The specific appearance and format of a final divorce decree may vary depending on the court that issues the decree and the complexity of the case. Still, a final divorce decree typically contains several key components.
Below is an overview of the common terms and information included in this document to give you a better idea of what a divorce decree looks like.
Case caption
The final divorce decree typically begins with what’s called the case caption. This includes identifying information about the case, including the following:
- Names of the parties
- County and address of the court in which the case was filed
- Case number
- Judge’s name
The case caption appears at the top of the first page of the divorce decree.
Information about the court hearing
Next, the divorce decree usually includes information about the final divorce hearing.
At the hearing, the parties will have had an opportunity to either:
- Present the terms of their divorce settlement to the judge
- Or to present their arguments regarding what they’re seeking in the divorce and have the judge decide the terms of their divorce
This section of the divorce decree typically addresses information such as:
- The date of the hearing (if one was held)
- Whether one or both parties attended the hearing
- Whether either party was represented by legal counsel at the hearing
Findings of fact
Some final divorce decrees may also include a findings of fact section, which sets forth certain facts about the case that provide a basis or rationale for the judge to enter the final divorce decree. For example, this section will often confirm:
- Whether the divorce was contested or uncontested
- That the court had proper jurisdiction over the parties
- That the parties have met all procedural requirements for the divorce to be finalized
- Statements resolving factual disputes the parties presented to the court
Orders of the court
Next, the divorce decree typically addresses all orders of the court related to the dissolution. Below are some common divorce decree example terms that are frequently included:
- The date the divorce decree is entered as a final order of the court
- How property will be divided between the parties
- Whether spousal support is awarded and in what amount
- How custody and visitation of any children will be divided
- The amount of any child support award
- How the parties will divide child tax credits
- Whether either party’s name will be restored to a prior name
Any other terms—whether they were agreed upon between the parties or disputed and addressed at the divorce hearing—are also addressed in this section of the final divorce decree.
Signature of the judge
Lastly, the divorce decree is typically signed and dated by the judge presiding over the case. This signature is what formally makes the decree a final and legally binding order of the court.
In some jurisdictions, the judge’s signature may also be accompanied by an official court seal or certification to authenticate its validity.
Where to find a sample divorce decree
If you have questions about what a divorce decree looks like in your particular jurisdiction, you may be able to find a sample divorce decree on your local state court website.
For example, California, Colorado and other states have self-help forms online for final divorce decrees and a variety of other documents that you may need throughout your divorce proceedings. These may be used as guides when navigating the process generally or as templates when preparing your own court filings.
Why do I need a divorce decree?
Obtaining your final divorce decree is a crucial step in the divorce process. Below are just a few reasons why:
- It legally terminates the marital relationship between the parties.
- It establishes the rights and obligations of each party following the divorce, addressing matters such as property division, spousal support and child custody.
- It provides clarity and certainty by detailing the terms of the divorce in writing, helping to prevent misunderstandings and disputes in the future.
- It serves as a binding order of the court, meaning that violation by one spouse may entitle the other to enforce the decree in court.
What will I use my divorce decree for?
Essentially, if you wish to return to court for any reason pertaining to your divorce or if you need to show proof of divorce or ownership of your assets, you’ll need to present a copy of your divorce decree.
You may consider bringing your case back to court if:
- Your spouse violates the terms of your divorce.
- There’s a change in the circumstances of your life or your spouse’s. For example, one of you gets a new, higher-paying job that could affect the terms of your child support.
- There’s a change in circumstances that affect your child custody needs, such as one spouse moving away or a domestic violence issue.
A divorce decree can also be used to change:
- Your will
- The beneficiaries of your insurance policies
- Your power of attorney
- Any joint accounts back to your own name
Do I need a lawyer for help with a divorce decree?
The short answer is, you should at least meet with one before deciding which divorce method is right for you.
If you choose mediation, there’s less need for a lawyer to fight for you. However, they can help you understand the process and your rights and help you negotiate with your spouse.
If your divorce is contested, your needs tend to be best protected if you’re represented by a lawyer in court. The stakes here are high—we’re talking spousal support, property division, child support, child custody and sometimes more. You want to make sure that you have access to all the information and support you could possibly want, so that you can walk away from your divorce with everything you deserve.
What is a certified copy of a divorce decree?
A certified copy of a divorce decree is an official copy of the final divorce decree that has been authenticated or verified by the court. A certified copy is typically marked with an official certification, seal or stamp indicating that it’s a true and accurate reproduction of the original divorce decree on file with the court.
Certified copies of a divorce decree may sometimes be necessary after the conclusion of your divorce for a variety of legal or administrative purposes such as:
- Updating government records
- Retitling property in accordance with the terms of the divorce decree
- Changing your legal name
- Obtaining a marriage license to remarry in the future
To obtain a certified copy of your divorce decree, you may typically request a copy through the clerk of the court presiding over your case or through the vital records office in the state where your divorce was finalized. You may need to pay a small fee for the copy.
Can a divorce decree be changed?
Yes, a divorce decree can be modified. However, for a divorce decree to be changed, there must be proof of a tangible and substantial change in circumstances since the document was initially signed. For example, a spouse losing a job may warrant a modification of spousal support if the case is brought back to court.
Divorce decrees may also be changed if one spouse can prove that the other committed fraud (whether by presenting false evidence or otherwise to the judge) that may have directly affected the judge’s decision. Similarly, if one spouse threatened or intimidated the other and there’s proof to that end, a judge may consider revisiting the terms, though there are time limits on these types of claims.
Divorce decree vs. divorce certificate: What’s the difference?
While a divorce decree is a long, complicated document that lists all the terms, a divorce certificate is a simple document that includes very few specifics or protected identifying information about the divorced individuals. It only lists the names of the spouses and the date and location of their divorce.
As a reminder, a divorce decree contains important confidential information about your assets and is necessary to have if you decide to bring your case back to court or if you’re required to show proof of ownership over your assets.
A divorce certificate can be used:
- To change your name
- As proof of your single status if necessary regarding estate planning or inheritance
- To obtain a travel visa or a passport
- As proof of eligibility if you’re preparing to remarry
Are there any other issues involving divorce decrees?
Since divorce decrees contain confidential information, be conscious about what you do with it, who you give it to and when it may be better to use a divorce certificate.
Note that if you change your name after your divorce, you should contact the county clerk to make sure the document is modified to reflect that change. If not, you may encounter problems using it in the future.
How a lawyer can help
Obtaining the divorce decree is the final step in the process of formally terminating your marriage. However, you must complete many other critical steps before getting to this stage.
As you navigate a divorce, you may want to consider working with someone who can help you achieve your goals and maximize your results. An experienced family law and divorce attorney can:
- Gather financial and other information needed to support your claims
- Negotiate the terms of your divorce with your spouse and their legal counsel
- Prepare for and present arguments on your behalf at your final divorce hearing
Overall, professional legal assistance may go a long way toward obtaining a favorable outcome in your divorce decree.
