A “Decree,” also known as a “Divorce Decree” or “Final Decree of Divorce,” is the final judgment that the judge in a divorce case signs to make a divorce official. It is the official document that “decrees” that you are divorced.
In a divorce case with children, the Decree also defines custody rights, sets the visitation schedule, sets child support, and lays out the terms of medical and dental support.
The Decree also specifies how the marital property will be divided.
If one spouse has sued for a disproportionate division of property by alleging that the other spouse is responsible for the breakup of the marriage, the Decree will contain the findings. For example, the Decree might find that the husband committed adultery.
The decree will also dispose of any other issues in the divorce case. For example, it may contain a paragraph that changes the name of one of the spouses or a child.
Sometimes my clients want to get a copy of the “original decree.” That is not possible because the original Decree is a public document that stays in the divorce court’s file. The county’s District Clerk’s office usually maintains the original file. The most official copy you can get is a certified copy. The District Clerk will usually charge a fee for a certified copy. The certified copy will bear the District Clerk’s seal on every page and a crimped seal on the same page that is signed by the judge. Someone from the District Clerk’s office will also usually sign a short statement on the last page, certifying that the copy is genuine.
Certified copies are usually needed by members and spouses of the military. They are also required to change your name with the Social Security Administration and the Department of Motor Vehicles. If you don’t need to do these or similar things, then often a file-stamped copy will be sufficient. This is a copy that only bears the District Clerk’s stamp, which indicates the date and time that it was first filed with the District Clerk’s office.
