What is a divorce decree?

When a couple decides to divorce, once the proceedings have been completed, the final judgment is the divorce decree. This divorce decree is an order which is granted by the court and signed by the judge; these actions signify that the divorce is final. The divorce decree is the final step in the process. In most cases the couple seeking the divorce will have been able to agree upon a settlement with each party using their own divorce attorney in San Diego, in other cases the couple may not be able to agree on a certain resolution, in that case the judge who hears the case will make the final verdict before the divorce decree is signed and granted. Whatever ruling the judge hands down becomes final.

The actual divorce decree contains the full names of the parties, their addresses at the time of the grant of decree and the date the divorce becomes final. There is a big difference between the divorce decree and the divorce agreement. The divorce agreement spells out in detail any and all issues that were resolved and become binding on the parties at the moment the divorce becomes final. These issues will have been debated and agreed upon by the parties in cooperation with their divorce attorney in San Diego beforehand and include such matters as the division of properties and other assets, child support if applicable as well as any custodial arrangements agreed upon for the children.

Different jurisdictions have different rules when a couple is seeking a divorce. Although the rules themselves may be different, it all cases it takes one of the married couple to file a request for divorce with the court, this request is usually made by the divorce attorney in San Diego that has been chosen by the individual filing. In a number of jurisdictions, the court will mandate a cooling off period of perhaps 90 days, during this period of time the individual who filed is free to withdraw the request and cancel the proceedings. In most cases the request is not canceled and the couple use the 90 days to work out the settlement that they will both agree to.

Once the details of the divorce have been worked out, the proposed settlement details are presented to the court. In most cases the final decree is granted without the need for a court appearance, the decree and agreement are simply mailed to the parties at the address given.

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Leah Austin

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