The California divorce process can be complex and often emotionally draining for both spouses, not to mention how long the process can last until the divorce decree is signed. What is a divorce decree in California, and how to get a copy of it?
Keep reading as we investigate this and more about its legal significance below!
California Laws – What Is Divorce Decree in California?
The divorce decree in California is the court document now known as the final Judgment in a divorce case. If you plan to get a divorce or are in the process of doing so, this document finalizes and officially dissolves your marriage.
Specifically, the local court where you file for divorce can issue your divorce decree. The document will contain all the information regarding your case, including spousal and child support, custody, visitation, property division, etc.
Contacting an experienced California divorce attorney is advised if you want to ensure you are protected. For instance, with Moore Family Law Group, you work with a family law expert who will help you throughout the divorce process and fully protect your rights in court.
Understanding the Divorce Decree in California
Your divorce decree contains either the terms you and your spouse agree on or the judge’s decisions. The document acts as a judgment, and you and your spouse must obey the terms indicated in the divorce decree.
Court orders and legal requirements
The divorce decree also establishes the specific court orders and requirements that you must obey regarding the following:
- Child custody, visitation, and child support
- Spousal support or maintenance
- The division of your shared assets, property, and debts
Details included in a divorce decree
Besides the court orders, the judge can include other details and terms you and your spouse request in your decree. The other details your California divorce decree will include are:
- Your and your spouse’s names as the parties involved in the case
- If the divorce decree is a result of a contested or uncontested divorce
- If uncontested, it will contain your settlement agreement
- If contested, the judge’s decision
- When the court acquired jurisdiction over the parties (you and your spouse)
- How attorney’s fees are handled
Role and importance of the divorce decree document
The divorce decree is the most important document after your case is over, as it makes your marriage dissolution official. The terms in the divorce decree are legally binding, and your former spouse must follow them.
If your ex-spouse does not comply with the terms in the divorce decree, you can use that document to ensure they stick to their end, or else you’ll have to go to court again. In such cases, it is best to consult with a legal professional for guidance on proceeding in your specific situation.
Divorce Decree vs. Divorce Certificate
Sometimes, people confuse a divorce decree with a divorce certificate. Unlike the divorce decree, which only a court can issue, a divorce certificate is issued by the state’s vital records office.
Divorce certificates are also not as lengthy as divorce decrees; instead, they show:
- You are divorced
- Your and your former spouse’s name
- The date and place of the divorce
How to Get a Divorce Decree in California
To get a divorce decree in California, you will need to complete the entire divorce process. This includes the following:
- Filing and serving your spouse with divorce papers
- Attending court proceedings and resolving potential disputes
- Reaching a settlement
- Going to trial
How to get a copy of the divorce decree in California
After all the decisions are made and the terms are set, the judge will sign the decree finalizing your divorce. You may either pick up a signed copy of the divorce decree at the court or receive it in the mail.
If you need a copy in the future, visit the court where you filed and ask for a copy. The clerk will let you know about the fee you need to pay and when you will receive the copy.
Legal Significance and Enforcement of the Divorce Decree
You and your spouse must follow the legal requirements and court orders entered in the divorce decree. If your former spouse doesn’t comply with the divorce decree, you can use the document to ask the judge to enforce the orders.
If circumstances in your financial and personal lives change, you must file for modifications to your original divorce decree.
Conclusion
What is divorce decree in California? The divorce decree is the official court document stating that your marriage ended.
The document also contains every decision you and your spouse or the judge make regarding support, custody, property division, etc. Both you and your spouse must follow everything the divorce decree outlines.