What You Need To Know About Your Divorce Decree
A divorce decree is the order coming from the court that you and your spouse are now officially released from your marriage. The divorce decree is part of the official records of the court that handled the divorce proceedings. A copy of this decree shall also be sent to your lawyer. In most cases, the clerk of court will also furnish you a copy of the final decree of divorce between you and your spouse. In the event where you fail to receive a copy of the divorce decree directly from the clerk of court, you can ask for a copy such decree either from your lawyer or from the clerk of court anytime.
Content Of The Final Decree of Divorce
The final decree of divorce is a very important document. It contains the agreements between you and your spouse regarding alimony, property division, custody, visitation rights, child support and other agreements that you may have. Since this is a final order from the court, you and your spouse are therefore bound to honor the stipulations in the final decree of divorce. Failure of either party to comply with the stipulations in the final decree of divorce shall warrant sanctions from the court.
Are The Provisions On Alimony And Child Support In Divorce Decree Final?
Alimony and child support are two of the most litigious areas during divorce. In the case of alimony, the amount of the alimony will depend largely on the ability of the spouse to pay. During the divorce proceedings, the court will look into the gross income of the spouse who is required to pay alimony and reduce the amount by deducting all the mandatory deductions under the law. Mandatory deductions include taxes, health care and the basic needs of the spouse. After deducting these things, the court will then determine the amount of the alimony based on the net income of the spouse. In most cases, court will set a certain percentage of the income to pay for alimony. Since the income of the spouse who is required to pay alimony may vary, the amount of the alimony might also vary.
While the amount of the alimony may be determined at the time of the issuance of the divorce decree by the court, the issue on child support could take longer time to resolve. In most cases, litigations for child support goes on after the court has issued the final decree of divorce.