After a divorce it's helpful to understand what the documents are, and where you should go to get them.
Find out more about divorce, marriage & domestic partnership
by Ronna L. DeLoe, Esq.
Ronna L. DeLoe is a freelance writer and a published author who has written hundreds of legal articles. She does.
Updated on: September 5, 2024 · 3 min read
After a divorce, you might be confused about some of the divorce documents. Each one of the divorce papers serves a different purpose.
You get your "divorce decree" from court, but a "divorce certificate" is not issued by a court.
A divorce decree is a court document that is a final judgment from divorce court. It contains information about your case including spousal support, child support, custody, visitation, property division, and other information.
Most divorce decrees are thorough and contain all of the agreed-upon information in your case, such as who is responsible for getting life and health insurance, if the wife can take her maiden name again, and how you will divide your debt.
Only a court can issue a divorce decree. You receive it at the end of your case. If your case went to trial, your divorce decree will indicate the terms of the judge's decision and will act as a judgment that both parties must obey.
If you didn't go to trial but settled your case instead, the divorce decree will contain the terms of the settlement. The decree still acts as a final judgment, but you and your former spouse have decided upon the terms of your own divorce without the court's input.
Settling your case takes the decision out of the hands of the judge so long as the decision is not outrageous or one-sided. If it's one-sided, the judge will usually intervene to help you work out the terms of your settlement.
If you want a certified copy of your divorce decree months or years after your divorce, you can usually get it at the courthouse in the court clerk's office. Some states have divorce decrees in the county clerk's office, so you will need to check with your state.
Usually, only people who were parties in the divorce, or their lawyers, can pick up the decree.
Have questions? Contact us for a free discovery call.After you receive your divorce decree, you'll want to make sure you're obeying the decree and that your former spouse is, too. For example, your former spouse has obligations created by the decree, such as paying spousal support, child support, or obtaining insurance policies. You are responsible for making sure your former spouse is complying with the decree.
Additionally, if your former spouse must pay all or part of the marital debt, you'll want to make sure your ex is doing that. Otherwise, you could still be held responsible for the debt.
After you get your divorce decree, make sure you:
A divorce certificate is a completely different document from a divorce decree. A certificate is not prepared by a court. Instead, your state's health department or bureau of vital statistics issues the certificate. This is usually the same place where you get your birth certificate.
Unlike a lengthy divorce decree, a divorce certificate is a simple document that shows:
A divorce certificate is used for limited purposes, and not all states issue a divorce certificate. You can use it for:
This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.
You may also like
Writing a will is one of the most important things you can do for yourself and for your loved ones, and it can be done in just minutes. Are you ready to get started?
July 21, 2024 · 11min read
Considering an LLC for your business? The application process isn't complicated, but to apply for an LLC, you'll have to do some homework first.
July 29, 2024 · 11min read
A power of attorney can give trusted individuals the power to make decisions on your behalf—but only in certain situations.
August 29, 2024 · 20min read
