Divorce Decree Sample



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The Divorce Decree: Your judge’s Final Word

The final document in your divorce is the decree. If you and your spouse have reached an agreement, the decree normally would just recite and approve its terms. This is to say that whatever your terms were would be written out, and the judge would just sign your agreement without taking evidence or having a hearing. If you haven’t reached settlement, the decree contains the judge’s decisions regarding your debts, property and children.

Officially, nothing is final until the judge says it is. Even if you and your spouse have reached agreement, the decree has no effect until the judge appr 00004000 oves your terms. Generally, the judge will do this. State statutes and just plain logic encourage the judge to be as efficient as he / she can. It doesn’t make sense for him / her to force two people to take up more court time if they don’t need it.

However, if the decree has terms that are “against public policy” the judge can refuse to sign it. Examples of this would be a provision that agrees that child support will never be paid, or that child custody could not be modified under any circumstances. Such provisions would deprive the court of jurisdiction in the future. The judge cannot give that up, even if he / she wants to. Circumstances could change. The judge has to be able to modify the decree to allow for those changes when it comes to the care and safety of children.

If one member of the couple threatens the other, and it comes to the judge’s attention, he / she can refuse to sign the decree. A judge can always force the parties to appear in court if he / she thinks it is necessary. In such a situation, the court might be inclined to satisfy him / herself that the agreement was made freely and voluntarily. This rarely happens. Unless an extreme situation is brought to the judge’s attention, he /she will assume that an agreement between two adults is valid, even if it favors one of them over the other.

If the couple have not reached settlement, the judge has to hear evidence regarding their case. Witnesses and exhibits are presented in court. Each side is given an opportunity to explain what they think was proven, and the judge decides who was right. He / she issues his / her conclusions in a written document called “the decree”.

Once the decree is entered, the parties are obliged to do what the judge has ordered. The custody of the children or payment of child support are decided until there is good reason to change them. Division of debts and property are finalized, and can never be changed. If the couple is unhappy with the judge’s final order, their only recourse is an appeal. If you take that route, save up your pennies.

About the author: Lucille Uttermohlen has been a family law attorney for 27 years. If you hav questions about divorce, or any other legal issue, visit Lucille at http://www.couple-or-not.com for answers.

Source: http://www.articlesbase.com/law-articles/the-divorce-decree-your-judges-final-word-1017607.html

Frequently Asked Questions

  1. QUESTION:
    sample new york state divorce decree’s?
    Does anyone by any chance know where I can find a sample New York State Divorce Decree. I need to see what it looks like as a whole. If it has a water mark size of the paper, special seal etc.
    Thank in advance for all your help

    • ANSWER:
      go tothe court and ask them to show you one or lawyers

  2. QUESTION:
    I need a proposed decree of divorce sample. THanks !?

    • ANSWER:
      Most states have a websites where you can obtain legal forms. You can go to your states website and look up legal documents. You can also usually access legal forms for Divorce at the public library.

  3. QUESTION:
    Final Divorce Decree….?
    I NEED A SAMPLE OF A FINAL DIVORCE DECREE, I HAVE TO GO TO COURT ON MONDAY AND I REALLY NEED IT SO THAT I CAN TYPE IT UP..DOES ANYONE KNOW WHERE I CAN GET SAMPLES?
    IM IN THE STATE OF TEXAS AND THAT MIGHT CHANGE PER STATE BUT PLEASE HELP AND IF YOU CAN POST SOME SAMPLES ID APPRECIATE IT, I HAVE NO PROPERTY OR KIDS THAT NEED TO BE INCLUDED IN THE DECREE

    • ANSWER:
      your local library has samples of divorce decrees in the law dept Google divorce decree will provide some info not sure if it gives samples but worth the try. Good Luck!!!

  4. QUESTION:
    Can someone help? What and how to word divorce decree? Filing divorce myself…?
    ASAP before my ex-husband incur more debt while we’re still legally married.

    Could you show me a sample of how you worded your divorce decree? I have no car and in a financial crisis. I cannot afford to pay for taxi, going back and forth to the court or the attorney’s office. If I can do this with the least money spent, I choose to do it that way. Please I need advice.
    Please know that the ex is willing to sign the agreement we come up with. He’s in a hurry to divorce because he wants to get married soon. Does anyone have any suggestion on which to divorce site online and how much it costs? Thank you very much.

    • ANSWER:
      In most states you can see a Legal aid lawyer or phone one who can give you some appropriate advice.
      Also, you can check the internet for your local government and it more then likely will have also a reference to the courts and so also Family Court website.
      Alternatively do search for Family Court and type in also the name of your state and you might find then relevant addresses who to contact and where and all from the comfort of your home.
      .
      On line applications also can be filed for a dissolution of marriage that is “irretrievable broken down” meaning there is no way you expect the marriage to continue. You can also generally download an application for WAIVER OF FILING FEES” so that you do not have to pay any filing fee, if you have dire financial circumstances. However, if there is a child or children and there are no formal custody/access provisions then the court may not issue a divorce decree unless appropriate arrangements are first in place.
      .
      If in your state there is something like a CITIZEN ADVICE BUREAU then give them a call.
      .
      Do understand that a divorce can take time and if the issue is that you do not want to end up with debts then it might be (again pending the legal provisions of a state) that you merely have to place an small add in the major newspaper (law notice) advising that you will not be held liable for all and any debts of your ex.
      .
      Also do keep in mind that if your husband incurs debts, while no longer residing together with you, then ordinary you cannot be held legally liable unless it is for his immediate maintenance, such as a bed to sleep in, etc. the same when a woman lives away from her husband and needs to incur debts as to be able to have some items she needs for her ordinary living , where she might have left it all behind at the matrimonial home, then the husband can be held liable to pay for that if the wife lacks the finances for this.
      .
      If you own a joint property then the best is to seek a court order to prohibit your husband to assign any debts upon it.

      Again a call to a legal Aid Office may be worthwhile.

  5. QUESTION:
    is there somewhere on the net to get samples of final divorce decrees?

    • ANSWER:
      Go to divorce.com…..C


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