A final decree of divorce is the formal order from the court that signifies the official termination of a marriage. If the divorce case goes to court and a judge submits a ruling, the ruling is confirmed once the decree is dated and signed by both the judge and the court clerk. If you’re getting a divorce in New York, here are some important things to understand about your final decree of divorce.
Finalizing a divorce
Once you file for divorce, you likely want to complete the process as soon as possible. There are several legal phases of divorce and the experience can be extremely emotional as well. However, if you’re getting ready to address your divorce decree, this means your divorce is almost final. Legally, your marriage isn’t over until you receive your signed and dated decree with the state seal of approval.
Your decree will likely cover topics such as division of assets and debt, as well as alimony, child custody, child support, and visitation.
Alimony, which is also referred to as spousal support, is the money that one spouse is legally ordered to pay the other spouse. The amount of alimony depends on which spouse makes the most money and which spouse stayed home to care for the children. The judge will also consider other factors such as the earning capacity, age, and health of both spouses.
Division of property becomes part of your divorce decree when you and your spouse can’t agree on who will receive what. The judge will determine which property is considered marital or non-marital and will assign a value to the assets you acquired with your spouse during your marriage.
Your decree will also detail a visitation schedule for your children along with guidelines for custody so you’ll know how your family will be cared for once your divorce is finalized.