Getting a divorce doesn’t just mean filling in forms, signing others and sending them off. A legitimate divorce needs to have a divorce decree: a legal document from the court, confirming that it has been processed properly and is finalized.
A decree is the only way that a marriage can be formally and officially terminated. It is the final step that confirms a couple’s split and the end of their marriage in the eyes of the law. With this considered, however, a decree is somewhat of an open book in terms of the divorce itself.
When a decree is an open book
A marriage is definitely ended when a decree is passed, but that doesn’t necessarily mean that a divorce is over as well. As you may know, there can be many changes made to divorce papers once the process has been finalized and a decree passed.
This may involve differences to the couple’s child custody arrangement, or even an appeal to the divorce once it has been finalized. Anybody has the option of appealing the decisions made in court about their divorce (for instance a man may be unhappy about the amount of time each week that he is able to see his children) and this will open up another case in which the court decides whether changes should be made. Most courts, however, will not take notice of an appeal if a decree has not yet been passed on the case. Nobody is going to open up another case if the current one hasn’t even finished.
Therefore, a decree signifies that a case is closed, but not that the case can be modified thereon. It’s expensive to appeal and an appeal usually ends up costing more than the original case, which is why many don’t bother to open it up again once the decree has been passed.
What a Decree Involves
A divorce decree with document certain important aspects of a divorce, a bit like a summary so that individuals can find out the most fundamental details of what was decided. A divorce decree will be significantly longer and more detailed if the couple have children, as issues of child custody, financial child support and child visitation rights must be documented. Other than this, a divorce decree will include spousal support, maintenance and alimony details, as well as what was decided about the marital home/property.
Why You May Need a Copy
This piece of documentation is not just important to the court, it may also be important for you so that you are able to do various things in your life.
You will need a copy if you wish to change your name back to your maiden name after you divorce, if you wish to remarry and/or if you need to remove your ex husband or wife from your accounts with service providers (e.g. gas and electricity company accounts).
You can get a copy of your final divorce decree from your country or region’s ‘vital records repository’ and this documentation (like divorce records) is available to the general public. Our advice is that you visit your local council office or county clerk and ask for contact details of your vital records repository. From there you can call or write to them and request that they send copies via post, or you may also be able to download them online.