|
|
|
|
|
|
|
Depending on where you live, your lawyer (or your spouse's lawyer) most likely must draft a document known as the Judgment of Divorce or Decree of Divorce. If your case has been decided by a judge after trial, the Judgment of Divorce usually refers to everything the judge wrote in his decision. If you and your spouse settled your case, the Judgment of Divorce might include provisions on custody, child support, division of property, visitation schedule, or other issues; it might also simply refer back to your agreement with the assertion that all its provisions are deemed to be included. |
|
|
|
|
|
|
|
|
If you and your spouse simply bought a divorce kit, a collection of printed forms necessary to obtain a divorce, there is probably a Judgment of Divorce included. You'll need to fill in the relevant information and then submit the Judgment to the proper court. |
|
|
|
|
|
|
|
|
When Is the Judgment of Divorce Effective? |
|
|
|
|
|
|
|
|
After the judge signs the Judgment of Divorce and any record is made of that signing, the divorce is usually effective. (In some jurisdictions, recording in a record book the date on which the judge signed the Judgment of Divorce is called entering the Judgment.) In some states, the Judgment of Divorce may be deemed effective even before it is entered. Either way, whether the Judgment first has to be entered or merely signed, for better or worse, you are single once again. |
|
|
|
|
|
|
|
|
You can usually get a copy of the Judgment of Divorce from the court or from your lawyer. It's a good idea to get a certified copy of the Judgment of Divorce, which is a photocopy with a stamp from a court official stating that the document has been compared with the original and is the same. There is usually a fee for this service. Also, depending on where you live, you might need identification to be allowed to look at your divorce file, so be sure to bring some identification to the courthouse. |
|
|
|
|
|
|
|
|
What Happens After the Judgment of Divorce Has Been Entered? |
|
|
|
|
|
|
|
|
When your lawyer (or your spouse's lawyer) has the Judgment of Divorce, he'll send it to your spouse's lawyer (or vice versa). This isn't just a courtesy to let him know you're divorced, it starts the clock running during which an appeal can be filed. If you and your spouse settled your case, there won't be an appeal, but your lawyer will send the copy anyway. If a judge tried your case, either one of you could appeal, but until one of the |
|
|
|
|
|
