Divorce Decree: Meaning & How Do You Get One? (Mar 2025)

Divorce Decree Meaning

When you get married, the process is made legal when you receive a marriage license. In the same way, your marriage is legally over when you get your divorce decree. This is the document that states you have officially separated starting on that date. It’s also sometimes called a final judgment or a judgment of divorce.

A divorce decree specifies certain terms, such as:

• The division of assets
• Child support
• Custody
• Visitation
• Alimony terms

The decree can also grant the wish of one of the spouses to return to their previous last name.

Whether you have a contested or uncontested divorce, you will need a copy of this decree. To get one, you can contact the county or city clerk where you filed for divorce. They will be able to provide full information on how to order one and what it will cost.

The Divorce Process That Ends With a Decree

Divorce is a complex legal process that has to address issues involving custody, alimony and asset division. To begin, you must file the divorce petition.

File a Divorce Petition

Most states allow you to file either an at-fault or no-fault process, which means you’ll likely have to specify the reasons for divorce. Everything from adultery to irreconcilable differences is accepted. You’ll also need to demonstrate that you or your spouse meets the residency requirements for the state, which will vary depending on where you live.

Request Temporary Court Orders

A divorce can take months to become legal, but you’ll still need guidance on how to manage certain issues, like child custody, until it is finalized. The courts allow you to ask for temporary orders that will take care of these important matters.

To grant such orders, the court will have hearings and gather information on both of the spouses, which it will then use to decide on the issues at hand. This process is typically fast, and you can expect the orders to remain in place until the decree is signed or until the court states otherwise.

File Proof of Service

Among the divorce papers you must supply your spouse, you will have to include all of the temporary court orders that you’ve obtained. You must then file a proof of service document with the court. It lets them know that you meet all of the requirements for giving your spouse the divorce petition.

In the best instances, your spouse will sign the acknowledgment of service. In other cases, they may try to avoid being served with the papers, which could mean needing help from professionals who can ensure your spouse receives everything you send.

Your spouse will then need to file a response to the divorce petition. If they don’t do so within the specified timeframe, they risk a default judgment from the court.

Begin Negotiations

You and your spouse will need to reach agreements on a number of issues, such as the division of assets, alimony (also called spousal support) and custody. Having a lawyer is vital for these negotiations. In some instances, the court can help via mediation services.

Go to Trial

If the settlement negotiations fail, the next step is to go to trial and get a ruling on the contested issues. This is the step that can really extend the divorce process and make it seem unending.

Most of the time, the trial will take place in front of a judge, though there may be instances when a jury is present. As with other cases, both sides will have a chance to present evidence and call witnesses.

The court will make a final and binding judgment. Although a trial is sometimes unavoidable, it is always in every party’s best interests to try to settle out of court when possible.

Signing the Divorce Decree

The judge then signs the divorce decree and officially ends the marriage. If you and your spouse reach a settlement, the filing spouse’s attorney will draft the decree. If the divorce goes to trial, the judge performs this step.

Receive Dependable Guidance From Experienced Attorneys

It is a much more complex process to end a marriage than to start one. That’s why you must understand what to expect and what your rights are throughout each step. For this, you will need to hire an attorney with experience in the kinds of divorces that present the same challenges you’re facing.

At ConsumerShield, our team has contacts with lawyers across the country. We can connect you with the right person for your case, no matter where in the United States you’re located. If you’re beginning divorce proceedings, don’t wait to receive qualified assistance. Contact us at ConsumerShield to learn more about how we can help.