What Exactly Does the Decree do?
The Temporary Order is exactly that: temporary. The court‘s rulings at the temporary
hearing have a tendency to create some momentum as to what may occur with the final Decree,
but that is not always the case. The Decree is the Final Order. After the Decree is
signed, you will not need to return to Court unless someone files an application to modify
the Decree. However, deeds, title documents and retirement account transfers (often called
"Qualified Domestic Relations Orders") may need to be completed after the Decree. Your
case is over once the Decree is signed unless there is an appeal to a higher Court.
Applications to modify usually are not filed for at least a few years after the Decree is
entered and then only if one party alleges that a "substantial change in circumstances"
has taken place (usually relating to custody, visitation or child support). The Decree
is thus the Final Order signed by the Court that makes provision for the dissolution of
marriage, custody of minor children, division of property, payment of marital debts and
obligations, child support, alimony, final attorney fees and costs. In an uncontested
divorce, the parties have agreed to the terms of the Decree. It is presented to the Judge,
and he or she must decide that it is fair and sign it. In a contested divorce, there must
be a trial during which the parties put on their evidence and the Judge must decide what
provisions are incorporated in the Decree.
The Decree dissolves your marriage. It is final 30 days after it is signed by the judge,
with two exceptions: 1) you may not marry anyone, anywhere, for six months after the Decree
is signed; and 2) You may be required to maintain health insurance on your spouse for
six months.