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Family & Divorce

Divorce Decree

The divorce decree tends to arrive after months of uncertainty, and many people file it away without reading it closely. That is often when the problems start.

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01 GUIDE

Divorce Decree: what usually happens

What the final paper is called

New York calls the document a Judgment of Divorce, signed by a Supreme Court justice and entered with the County Clerk. When the spouses settle, their written agreement is usually incorporated into the judgment, and in many cases it is written to survive as a separate contract as well. That detail affects how the terms are enforced or changed later. Read the judgment and any agreement together, line by line, and check that the names, account descriptions, and property addresses match reality. A mistake in a decree is easier to correct close to the time it is entered than years later when an account is finally being divided.

Steps the decree does not carry out by itself

A divorce decree orders things to happen, but other institutions often need their own paperwork before anything actually changes. Retirement plans frequently require a separate domestic relations order before an account can be divided, and a house usually needs a new deed, and sometimes a refinance, before one spouse is off the mortgage. Banks, insurers, and motor vehicle offices each have their own forms. Beneficiary designations on life insurance and retirement accounts deserve a separate review, because state rules that revoke a former spouse's designation do not reach every type of account. Keep a certified copy of the judgment, since many of these offices will ask to see one.

When the other side ignores the terms

If a former spouse stops paying support, refuses to sign a deed, or keeps property the decree assigned to you, the usual path is back to court on an enforcement application rather than self-help. A separate request is needed when circumstances have changed and you want the terms themselves modified, and the standard for that depends on what kind of term it is and whether it came from an agreement. In a first conversation we look at the exact wording of your judgment, what has and has not been done, and which institutions still need paperwork. Bring the judgment, the agreement, and any correspondence about the missed obligation.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

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06 OFFICES

Where we meet clients

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New York

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Attorney Advertising. This page is general information about divorce decree and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.