Of all the official documents in your possession, which one brings you the greatest sense of pride? Is it your college diploma? Your voter registration card? How about your child’s birth certificate? Maybe it’s your military ID? Your naturalization certificate? Or a divorce certificate? What is a divorce decree?
If you’re finally single after a miserable marriage and a drawn-out, expensive divorce process, you have a reason to smile about your divorce decree. This gives you pride just like those other official documents in your possession. Through the divorce decree, you receive a divorce certificate indicating the termination of your marriage union.
Similar to a marriage license that proves your marriage, a divorce decree serves to indicate that you’re legally divorced. In most states, the divorce decrees may get picked at the county clerk’s office. The decree outlines every detail regarding the judgment on your contested divorce.
Do You Need an Attorney During Divorce Decree?
In some instances, a divorce attorney can provide adequate guidance when one plans to file a divorce through the court. This may also entail providing the necessary clarification about all the legal matters for the divorce. Finalizing your divorce is actually closer within your reach than you thought.
This may also apply to when the process involves minor children. It’s possible to get any type of divorce without lawyers; without going to court, and for much less money than members of the “high net worth divorce crowd” pay. A California legal document assistant can help you get your final divorce decree easily and hassle-free by preparing your divorce documents.
At A People’s Choice, we can guide you with how to conveniently file the necessary divorce papers. We can also help you access all the divorce records from the court that granted you the divorce decree.
Anatomy of a Final Divorce Decree – What is a Divorce Decree?
What is a divorce decree? The divorce decree is the court order which proves that your marriage proceeding has officially ended. It indicates the dissolution of marriage. A family law lawyer can also help you understand the terms of the divorce based on the outlined decree of divorce.
In California, you should know that couples often receive their final divorce decree before they’re actually declared single. This implies that you’re not legally single until 1) the court has entered a final divorce decree and 2) waiting periods of 6 months and 1 day have passed since the date of service of the original petition for divorce.
With this in mind, the decree of divorce includes the terms of the divorce (divorce settlement agreement). If any of these terms apply in your marriage, the divorce decree will address them including:
- Division of property
- Division of debt
- Division of assets
- Spousal support or alimony
- Parenting time for minor children and child custody, and
- Child support
In more advanced cases, the divorce decree can also cover issues to do with:
- Retirement benefits
- Financial obligations
- Possession of property
- Spousal maintenance and child custody agreement
What Documents Do You Need for a Divorce Decree?
You have to complete a lot of documents in person and fill out a lot of forms during your divorce process. When applying for divorce from a foreign country, you must provide your U.S passport to complete the petition process. You must also provide residency requirements when filing your divorce papers.
Therefore, before submitting the divorce forms in court, the residency requirements must get indicated. You need to provide such information at the county records office. If everything falls in place, the judge will sign your final divorce decree. This can happen despite not setting foot in a courthouse during your divorce case.
Does One Require a Marriage Settlement Agreement?
If you and your spouse have signed a marital settlement agreement (MSA), the final divorce decree will have to include that document as well. The information presented in this document may include insurance policies such as health insurance and the care for minor children.
If the case goes to trial, the judge may outline terms of the final divorce decree based on his or her own decision about the fairest way to divide your property and parenting time for your children after divorce (joint custody).
This outline is usually called a “minute order.” The lawyers or parties involved will have the duty to present an official final divorce decree for the judge to sign an MSA that incorporates these terms and place every detail in a public record.
The Fastest Path to a Final Divorce Decree
If you have an uncontested divorce or amicable divorce, then you can finalize your divorce in less than seven months after the original petition for a default divorce. Having filed all the initial divorce papers, an official divorce by default may take a shorter period of time. The information presented in your divorce – fact sheet matters a lot.
Specifically, if you and your former spouse agree on collaborative divorce, completing the entire process may take a shorter time. Also, affidavits for divorce may serve the same purpose. Usually, the decree of divorce addresses all the essential aspects regarding the reason for divorce.
The date your divorce becomes official varies. This could take as little as six months and one day after the day you serve your spouse with Form FL-100, the divorce petition, and summons as indicated in the initial divorce forms. Filing for divorce should not worry you much especially with the time it takes to formalize everything.
Can I Ask for a Quick Divorce?
If you live in a no-fault divorce state like California, you may request a quick divorce process. Provided you put forward clear proof of divorce and both parties agreed, you may have a quick divorce.
You’ll, therefore, receive an absolute divorce decree from a county courthouse in your no-fault divorce state. On the other hand, you may also obtain a certified copy of your divorce decree months or years after you officially divorced.
Is It a Must to Hire a Divorce Lawyer?
In summary, it’s feasible to get a final divorce decree without hiring a divorce lawyer. A professional legal document assistant can prepare all the documents you need and help you access all the copies of the divorce decree.
Provided you have clear agreements about child custody and visitation, the custody arrangements can get simpler with the services of a professional document assistant. The judge will then issue the divorce decree based on the provided divorce judgment documents.
The only issue that may require additional time is if there exists any conflict about custody of children and other custody rights accorded to both parents.
A People’s Choice Is Your Ticket to a Divorce Decree
In most cases, a registered legal document assistant can prepare your divorce documents more efficiently than a lawyer can. This means you can get your final divorce decree fast, avoid the hassles and stress of a complicated court system, save money, and move on with your life.
Contact A People’s Choice to get started on your path to final divorce decree freedom. Call us today at 800-747-2780.
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