Monday, 19 April 2010

A Divorce Decree: What does it Mean?

For a divorce to be legal, a court must issue a formal divorce decree. This document summarizes the rights and responsibilities of both parties after the dissolution of their marriage, and contains information such as the terms agreed upon in the divorce, case number, and the date the divorce took place. A divorce decree should not be confused with a divorce record, which is all the pages filed in a divorce, and in some settlements can be over one hundred pages long.

The issues outlined in a divorce decree include:

Distribution of marital property
Custody, child support, and visitation if children resulted from the union
Alimony or spousal support if applicable

If an individual were to re-marry, change back to their maiden name, or remove an ex-spouse from bank accounts or other assets, a copy of the this document would be needed.

In order to obtain copies of a divorce decree, an individual can write or go to the Vital Statistics Office in the state or county where the divorce took place. If mailing a written request or going directly to the Vital Statistics Office, pertinent information needs to be on hand such as the date of divorce or annulment, city, county and state where the divorce took place, and the requestor’s driver’s license number and state.

If making out a written request, it is important to find out each state’s requirements for obtaining a copy of a divorce decree. To ensure that the request is filled and a copy of the divorce decree sent quickly, several steps should be followed.

The letter should be as brief as possible containing only necessary information.
All information should be typed or printed so that it is legible.
A self addressed stamped envelope needs to be provided.
The request needs to include the date, full name of both parties, date of divorce, the purpose for which the divorce decree is needed, the type of final decree, the requestor’s driver’s license number and state, and the requestor’s name, address and signature.

How Does a Divorce Decree Help Me?

In order for a divorce to be legally binding, a formal divorce decree is necessary. It contains all pertinent information regarding a divorce such as distribution of marital assets, child support, visitation, custody and alimony or spousal support. A copy of the divorce decree is needed to change back to one’s maiden name and to remove the former spouse from bank accounts and other assets. If copies are needed, they can be obtained from the Vital Statistics Office in the state or county where the divorce took place. Since each state’s requirements to obtain a copy of a divorce decree are slightly different, it is necessary to inquire about what is needed in the state where the divorce occurred.

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