Divorce Guide

Divorce Guide

Final Divorce Papers

Divorce involves many legal procedures. It is not said to be legal till the court grants your formal final divorce papers. The final papers issued by the court for your divorce is also called as divorce decree. These legal papers are the court’s order for the termination of marriage. These papers are few pages long, stating the basic information of divorce.

The divorce paper is the final and the most important step in the divorce process. It explains the financial responsibilities of both the parties. Most of final divorce papers cover the four basic issues:

  • Alimony
  • Division of property
  • Child custody and child support
  • Visitation

If a couple files for uncontested divorce, the final papers will need to address mentioned issues for legal divorce. The judgment on divorce is made once the final papers are signed by the judge and court clerk. The terms and issues mentioned in the final papers are the negotiation among the attorney and the couple. The couple signs the judgment when they agree to the terms.

How to get your final papers

You will get your final divorce papers form the record office of your courthouse, in the country in which your divorce takes place. To get the copy of your divorce decree you can ask the statistics office of the country where you got divorce. You can request for the copy of final decree online. Often court clerk or your lawyer mails you the copy of the final papers.

When the decree completes the divorce case, there are many situations that do not make the divorce papers final. You should consider the issues that can affect the final papers.

Very few divorce cases are issued to the higher court of the state as they can be costly. You cannot appeal for judge’s decision till the court issues the final papers. Another situation is when the documents related to alimony and property divisions are not fulfilled. Such documents need modifications if there is change in the status of the parties. Decree papers are not said to be final till these documents are complete. Child custody and visitation can also affect the process of final papers. Lifestyle of parents and demands of children usually changes. For example if any parent remarries or is facing health issue, the custody and visitation situation changes. Final papers also get affected due to government action. Internal revenue service’s collection of taxes can collect the back owned taxes from one spouse though it is mentioned in the final paper, that tax bill is to be paid by another spouse.

Final papers are not issued until all the terms mentioned are determined. Once the final divorce papers are issued, the parties have right to remarry. Some state laws in U.S. have waiting period after the final papers for the remarriage. Breaking the terms of final papers can result in arrest or fine. If any party fails to meet the terms put in the final papers, then the other party can take action to fix the situation.

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