Posted by Marriage is a scared institution that is important to most people. It is a formal union of two individuals who have decided to spend the rest of their lives together. However, not all marriages last forever. Some end in post-divorce.
If your marriage hits rock bottom and you can no longer hold on, then divorce is probably the best way to go. This will help you move on with your life and start afresh.
But before you can officially call yourselves single again, there are two crucial documents that are created: the divorce decree and the divorce certificate.
Both documents serve different purposes but are often confused with each other. So, what is the difference between a divorce decree and a divorce certificate? Read on to learn more.
What Is a Divorce Decree?
A divorce decree is the official document that declares an end to your marriage. This document is filed with the court by the spouse who initiated the divorce proceedings. Once the divorce decree is issued, it is final and both parties are legally allowed to remarry.
In order for the court to issue a divorce decree, both spouses must first agree on all terms of the divorce such as child custody, division of assets, etc. Once they have ironed out all the details, they will then sign the divorce decree and submit it to the court for approval.
The divorce decree will include information such as the date of the divorce, full names of both spouses, reason for the divorce, any financial arrangements that have been made, and decisions regarding child custody, visitation, and support.
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How Can You Get a Copy of Your Divorce Decree?
Typically, the court will keep a copy of the divorce decree on file, and you can obtain it by requesting it from the court clerk. In some cases, you may have to pay a small fee for a certified copy of the decree.
If you cannot find your divorce decree or if it has been misplaced, you can also contact the lawyer who represented you during the divorce proceedings. They should have a copy on file that they can provide to you.
What Happens After You Receive Your Divorce Decree
Once you receive a copy of your divorce decree, you need to ensure that you are obeying all the terms and conditions set forth in the document. For instance, if you have been ordered to pay child support, you have no option but to make your payments on time.
If you fail to follow the terms of your divorce decree, then you could be held in contempt of court which can result in fines or even jail time. So, it is important that you take the divorce decree seriously and adhere to its terms.
Below is a quick summary of some of the crucial things you must do after receiving your divorce decree:
- Read the decree carefully for accuracy
- Ask your divorce attorney any questions you may have in relation to the decree
- File an appeal immediately if you are unhappy with the decree
- Change your will
- Change your primary beneficiaries on your insurance policies
- Update emergency contacts for your child’s school
- Change your power of attorney
What Is a Divorce Certificate?
A divorce certificate is different from a divorce decree in that it does not officially end your marriage. Rather, it is simply a document that states that your divorce has been granted and finalized by the court.
In order to obtain a divorce certificate, you must first obtain a copy of your divorce decree from the court. Once you have the decree, you can then submit it to the vital records office in your state along with the required fee. They will then issue you a divorce certificate.
Divorce certificates are typically used for record-keeping purposes. For instance, if you remarry in the future, you may be required to show your divorce certificate in order to prove that you are legally allowed to do so.
In some cases, you may also need to provide a copy of your divorce certificate when changing your name or updating your identification documents such as your driver’s license or passport.
As you can see, a divorce certificate serves an important purpose even though it is not the same as a divorce decree. Be sure to obtain one after your divorce is finalized so that you have it on hand for any future legal needs.
Can I Get a Divorce Decree If My Spouse Refuses to Sign the Papers?
In most cases, both spouses must sign the divorce papers in order for the divorce to be granted. However, there are certain instances where one spouse may be able to get a divorce even if the other spouse refuses to sign the papers.
For instance, if your spouse has been ordered by the court to sign the papers but refuses to do so, you may be able to have the divorce granted via what is known as a default divorce.
In a default divorce, the court will grant service of the divorce without needing both spouses to sign the papers since it has already been established that one spouse does not want to sign.
Another instance where you may be able to get a divorce without your spouse’s signature is if they have been MIA (missing in action) for at least two years. In this case, you can file for what is known as a divorce by publication.
With a divorce by publication, the court will allow you to serve your spouse with the divorce papers via a public notice such as in a newspaper. If they do not respond within the specified timeframe, then the divorce may be granted without their signature.
Summary
Divorce decrees and certificates are both important documents in the divorce process, but they serve different purposes.
A divorce decree is the final document that spells out the terms of your divorce and how property will be divided, among other things.
A divorce certificate is a record of the marriage dissolution that can be used for legal purposes.
If you’re looking to get a copy of your divorce decree or certificate, or if you need help filing for a divorce, contact an experienced family law attorney today.