What Happens After a Judge Signs a Divorce Decree in California
In California, once a judge signs a divorce decree, the divorce becomes final. Here’s everything you need to know about a final divorce decree in California.
In California, final divorce decrees elaborate the terms of a divorce. Once final, the divorce process is completed and both parties are considered legally single.
What is a Divorce Decree in the Context of California Family Law?
A divorce decree is a document that officially explains the terms of a divorce. Further, this document ensures the marriage is officially over. Essentially, this document proves spouses are now single. Divorce decrees will typically include information regarding agreed-upon issues. Some of these issues include how assets will be divided and matters relating to health and life insurance. Divorce processes are not final until courts issue a divorce decree, thus, this document is imperative in completely terminating parties’ legal status from being married. This status can influence many factors such as taxes, property, and more. Therefore, it is beneficial to have both spouses agree on issues concerning divorce as quickly as possible, as doing so speeds up the process of obtaining a divorce decree and possessing different legal rights.
Terms Addressed In a Final Divorce Decree
Some terms discussed in a final divorce decree include:
Property Division
If spouses seeking a divorce are unable to come up with an agreement about dividing their property, judges will make a final decision on behalf of the spouses. In community property states, all assets acquired during the course of the marriage are divided equally between both spouses. Therefore, as a community property state, California judges make decisions regarding property according to state laws.
Related: How Property Is Divided in a California Divorce
Alimony
Spousal support, or alimony, is addressed by judges during final divorce decrees. The decree will typically discuss payments made by one spouse to the other as well as the role each spouse had throughout the marriage. This sort of information is useful for the judge to have when deciding on alimony. Other factors that play into this determination include each party’s standard of living, health, age, and more.
Related: How to Calculate Spousal Support/Alimony in California
Debt distribution
If spouses seeking a divorce are unable to come up with an agreement about how debt will be paid off, judges will make a final decision on behalf of the spouses. Court intervention is not necessary if both parties agree on each spouse’s responsibility for paying off debt, or if both parties decide to completely pay the debt prior to the divorce. If the courts are involved, factors including which spouse became subject to the debt and how the debt affected each partner individually are evaluated.
Rights regarding child custody and visitation
Divorce decrees specifically address the legal and physical custody rights each parent has towards their child or children. Furthermore, visitation rights are also addressed in divorce decrees. Cases that involve both parties agreeing on custody and visitation matters do not typically need court intervention. However, any disagreements will lead to judges making final decisions about the parental rights of each parent towards the children. Additionally, the document will include information regarding paying child support if relevant. Regardless of whether the court is involved, matters relating to child custody, visitation, and support are listed on the divorce decree.
Related: Types of Child Custody and Visitation in California
Obtaining a Copy of a Divorce Decree
Physical copies of divorce decrees may be necessary for situations where a person needs to prove his or her marriage has been terminated. In California, both ex-spouses are entitled to have certified official copies of their divorce decree. In order to acquire a copy of the document, the ex-spouse must go to the court it was issued in. There, the spouse needs to show their state ID and complete several forms at the court that ask both parties’ names, the date the spouses filed for divorce, and the date the divorce decree was officially issued. There is typically a fee associated with acquiring a copy of the document.
Contact Us
If you or a loved one have any more questions regarding a final divorce decree in California, contact Her Lawyer. Get your free consultation with one of our experienced Divorce Attorneys today!