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A divorce decree is the official court order that legally ends a marriage. This document is signed by a judge and makes the divorce final.
If you’re facing a divorce in North Carolina and want a clearer picture of what the end of the process looks like, the Rutherfordton divorce lawyers at Farmer & Morris Law, PLLC, are here to help.
Let’s take a closer look at what goes into a decree, how it differs from other documents in this area, and what your options are if something in it needs to change later.
What is in a Divorce Decree?
A divorce decree is the formal order ending the marriage. It may incorporate and include a separation agreement and property settlement agreement that outline a settlement between spouses. In addition to divorce decrees or orders, the Court can enter other orders in a family law matter that address the following issues:
- Division of marital property and debts. This part decides who keeps the house, how retirement accounts are split, and who takes on the credit card balance.
- Spousal support (alimony): This deals with whether one spouse pays the other, how much, and for how long.
- Child custody and visitation. Court orders can also spell out physical and legal custody arrangements, and parenting schedules for holidays, school breaks, and everyday life.
- Child support. This includes the amount of child support owed, which parent pays, and how payments are handled.
- Name changes. If either spouse is reverting to a former name, the decree makes it official.
Orders entered in family law cases can involve anything else the judge deems necessary, whether that’s a protective order or specific instructions on health insurance coverage. The exact wording in each of these sections matters. An order or decree that’s vague can lead to disputes months or years later.
If you’re asking yourself, “What is a divorce decree?” you’ll want to speak to an attorney. A lawyer at Farmer & Morris Law, PLLC can answer your questions and help you ensure that important documents like these protect you and your loved one’s best interests.
How a Divorce Decree Differs From Other Documents
Many people confuse divorce certificates with decrees. The difference between these two documents matters. A certificate is a short record issued by the state’s vital records office that confirms a divorce took place. A certificate is what you would give to the bank or the DMV to prove your marital status.
The decree is the court order behind the certificate. It is a binding document, signed by a judge, that actually spells out the terms of your divorce. A separation agreement is an entirely different document. It’s a private contract between spouses, usually signed well before the divorce is finalized. It can cover property, support, and custody in detail.
What it doesn’t do is end the marriage. In North Carolina, where a one-year separation is required before an absolute divorce, that agreement often ends up folded into the decree once the waiting period is over.
Understanding what a divorce decree is should be a priority when you’re going through this process. Reach out to Farmer & Morris Law, PLLC to learn more about this document and get the skilled legal representation you deserve.
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What to Do if an Order Needs to Change
Some parts of orders entered in family law cases can be modified after it is signed off on by a judge. Child custody, child support, and, in some cases, alimony can be altered later on. Property division generally can’t be changed once it’s put in writing.
To modify a term, you need to show the court a change in circumstances, and for certain types of orders, you may be required to show a substantial change in circumstances. Something like a big income shift, the changing needs of a child, or a relocation could warrant a change to an order. Your request for a change will go to the same court that issued the original order.
It’s important to understand that informal agreements between ex-spouses don’t override a court order. If you and your ex agree to change the support amount or the custody schedule, that’s not enforceable until a court signs off on it.
If you need to change a court order, contact the team at Farmer & Morris Law, PLLC. We’ll meet with you to discuss what a divorce decree is, how to change one, and what we can do to help.
How a Lawyer Can Help With Your Divorce Decree
In addition to answering questions like “what is a divorce decree?” a lawyer’s job is to make sure the orders entered in your family law case protect you. An attorney takes the following steps to make sure the decree aligns with your goals:
- Review the language before you sign off
- Catch terms that are too vague to enforce
- Make sure nothing gets left out that should be in there
- Help you modify a decree later on if circumstances change
- Help you get a copy of a divorce decree
If you and your spouse are negotiating terms, your attorney handles that back-and-forth communication and puts together a settlement agreement the court will accept. If it goes to trial, your attorney presents your side and argues for the terms you need on custody, support, and property.
The family law attorneys at Farmer & Morris Law, PLLC, handle divorce cases across North Carolina and South Carolina. If you have questions about a decree or need help with any part of the process, call us for a free case evaluation.
Learn More About What a Divorce Decree Is
Divorce is complicated enough without having to guess what your paperwork means or whether your rights are covered. If you’re going through a divorce in North Carolina or South Carolina and want to make sure your decree is handled right, we can help.
Farmer & Morris Law, PLLC has served 10,000-plus clients, helping families like yours face this difficult process and move forward to better futures. Contact us today to schedule a free case evaluation and get the experienced legal support you deserve. We’ll meet with you to discuss what a divorce decree is and what we can do to help with yours.
