Finalizing Divorce and Getting the Divorce Decree

In a way, finalizing divorce and getting the divorce decree brings a hard realization of the fact the the divorce is really final. It's a time for both apprehension and relief. The relief is that you can stop treading water and finally get on with your life. the apprehension is that you wonder, "what comes next?" as you try to put your life back together again.

Article by Moses Wright

A divorce decree is an opinion that sums up the rights and obligations of the divorced parties. It is the last judgment of divorce. The divorce decree is a document that expresses the basic information regarding the divorce, case number, the names of the parties, date of divorce, and the terms the parties have agreed upon or the court's decision. It is normally only a few pages long.

The divorce decree is the last step in the divorce process. Though several documents are likely to have been generated throughout the process, the divorce decree is the most important. It gives the relevant details of the settlement between the parties. It  outlines the financial responsibilities of each party, dictates the division of property of the parties to the divorce, and names the responsible parties to the debts the couple has incurred during the marriage.

In addition the divorce decree often gives details of the decisions relating to child support, custody, and visitation. It states which parent receives custody and exactly what the visitation rights are of the non-custodial parent. Sometimes, a couple will use a separate state social services agency to handle the collection and disbursement of child support. If this has already been set up during the separation and prior to the divorce, the divorce decree may mention the existence of this arrangement.

A divorce decree is generally not issued until all the terms of the divorce have been resolved. Occasionally, the divorce decree is in conflict with government action, such as the Internal Revenue Service's collection of taxes in the United States. The IRS retains the right to collect back-owed taxes from one spouse, even if a divorce decree states that the tax bill is the responsibility of the other spouse. In that and similar situations, the wronged spouse has the option of returning to divorce court to recoup the lost funds. They may also have the ability to take their ex-spouse to court to try to recover the money.

Once a divorce decree is filed and issued, the parties to the divorce are free to remarry. Some states have laws that require a waiting period after the divorce decree before the parties are free to remarry. The divorce decree is legally binding. If either party to the divorce fails to meet their obligations as set forth in the divorce decree, the other party has the right to take legal action to rectify the situation. The wronged party could take the other party back to divorce court or to small claims court.

Free Divorce Papers
If you are going through a divorce, strapped for cash, and unable to pay for a lawyer, you can still get your divorce by taking advantage of free divorce papers that are available.

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Divorce is expensive, both legally and emotionally. When a married couple initiates a contested divorce and takes it to the courts the stress on everyone involved is kicked up a notch.