Divorce decree will formalize the dissolution of your marriage. If you are facing a divorce, then you need all the information you can get, in order to be prepared for the next steps of your process - and as you probably know by now, the divorce decree is the final step, the actual closure of your marriage. But what is the main role of a divorce decree? A marriage separation implies dealing with a lot of papers and documents – and if you are not aware of their relevance and role, then the process can be transformed into a lot of hassle and chaos.
The Basic Data on a Divorce Decree
As stated above, a divorce decree is the final document when going through a divorce. This means that a decree of divorce is a sort of summary that presents the specific facts of the separation. The most important aspect that a divorce decree clarifies is that the marriage is over and that the divorce is final. Each divorce degree has a case number and includes the names of both parties, plus the date of the legal separation. In addition to this basic data, a divorce decree explains the situation of the former couple, the result of the court’s decision.
The Divorce Decree – Property, Responsibilities and Children’s Status
One of the most important aspects that are clarified in a decree of divorce is the property. A divorce decree establishes “who gets what”, or, better said, the possessions and the responsibilities of the former spouses. In case the couple has children, the divorce decree also certifies their status and explains the aspects regarding child support, alimony, custody and visitation rights. In addition, this final paper also states any other related agreements between partners that regard their possessions and/or children.
The Finality of a Divorce - The Legal Separation
A divorce decree is final only in the case of an uncontested separation. Basically, any divorce can be contested by one of the parties – and unless all problems are resolved, the divorce is not legal. As long as the marriage separation is legalized and the divorce decree is final, the former spouses are free to remarry if they desire. Still, in some cases – or, to be more exact, in certain states in the US - the parties are obliged to wait a certain amount of time before remarrying.
The Divorce Decree and the Contestations
Even after the divorce decree is final, one or both parties can fail performing their responsibilities mentioned in the document. If so, the former spouses can go back to either small claims court or to use another legal process. It is important to resolve these contestations as soon as possible because otherwise, the procedures can go on and on for years and the final settlements can be quite unfortunate.