What Is A Divorce Decree? (2024)

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Updated: Aug 21, 2023, 3:55am

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A divorce decree is an official legal document that dissolves your marriage. It is also called a divorce judgment, and it is issued by the court after successful divorce proceedings. It details the terms of your divorce and provides proof that you are no longer legally married.

Divorce Decree vs. Divorce Certificate

A divorce decree is different from a divorce certificate. Both show that you are no longer married. But while a divorce decree is issued by the court and includes details about the terms of your divorce, a divorce certificate simply shows that you are officially divorced.

A divorce certificate can be used to prove you are no longer legally married without revealing the details of your divorce judgment. A divorce decree, on the other hand, contains all of the terms of your divorce that you and your spouse are bound by.

In many cases, you will want a copy of both your divorce decree and your divorce certificate as both of these two legal documents are very important when your marriage ends.

A divorce decree is a comprehensive legal document. It includes many important pieces of information including the following:

• Details about the court proceedings that ended your marriage. This information includes the name and contact details of each spouse, an identifying number for minor children, the names of involved attorneys, the case number, the name of the judge who presided over the case, the date the marriage ended and a declaration that the divorce is final.
• Details about the division of property.This includes information about how assets and debts were split between the spouses. There may also be special provisions related to the division of retirement accounts, such as a Qualified Domestic Relations Order (QDRO) if you have a pension or retirement account that will be divided at a later point.
• Details about child custody and support.A parenting plan showing how custody is shared is included, as well as what child support is owed if any.
• Details about spousal support.If alimony or maintenance is part of the divorce, this is spelled out in the divorce decree.
• Details about the reason for divorce.The decree indicates the reason the marriage is dissolved, which may be a no-fault determination or fault involving a reason such as abandonment.
• A court order for a name change.If either spouse will be changing their last name after the divorce, a court order for a name change may be included in the divorce decree. This can serve as valid legal proof of a name change.

The divorce decree is signed by the judge and is stamped with the official court seal in order to demonstrate that it is a legally valid court order. Both parties are bound by the terms of the divorce decree.

What Is Included in a Divorce Certificate?

A divorce certificate is a much less comprehensive document that only shows the names of the spouses, the name of the judge, details about the court where the divorce was granted and the date the marriage was dissolved.

When you simply need to show you are divorced but don’t need to provide complete details on the divorce settlement, a divorce certificate is the appropriate document to use.

Divorce Decrees and Uncontested Divorces

If you and your spouse have an uncontested divorce and decide on issues related to custody, support and property division outside of court, you will generally create a marital settlement agreement detailing how these issues have been resolved.

Your marital settlement agreement can sometimes be written into the divorce decree but often it is not, and instead the decree may simply reference or attach the agreement.

A divorce decree is important for many reasons including the following:

• It dictates the terms of your divorce.You and your ex spouse are bound to follow the terms laid out in the divorce settlement decree that relate to custody, property division and support.
• It shows your marriage is over.This can be important for legal and tax reasons, as well as if you want to get remarried after a divorce.
• It gives you the authority to change your name.If you took your spouse’s name upon marriage and want to revert to your pre-marital name, your divorce decree can include a court order for a name change.

You will want to ensure you have a copy of your divorce decree when your marriage ends and that you abide by its terms.

You should be provided with a certified copy of your divorce decree when the court finalizes your divorce. You can also request a copy at a later point if you have lost yours or did not receive it for some reason.

You will need to request a copy from the office of the county clerk in the county where your divorce took place. You may be able to submit an online request or may have to submit a written request to the court in person or via mail.

The office of vital records may also be able to provide you with a copy of your divorce decree and/or your divorce certificate.

When you obtain a copy of your divorce decree or divorce certificate, you may have to pay a fee.

Divorce is a complicated legal process with high stakes. Your future finances and your relationship with your children can be affected by divorce. An experienced divorce attorney can help you throughout the process of ending your marriage and can assist with obtaining a copy of your divorce decree once your union is dissolved.