Divorce Decree Form

A divorce decree is necessary because it sums up the rights and duties of the parties in connection with the divorce.

The following is a list of what is generally included in a divorce decree but keep in mind the more complex the divorce, the more sections and clauses that decree will have.

1st section:

Identification of the couple and children this section will include the full name of both spouses and their respective attorneys if they had any and if there are no children of the marriage the section will state that there were no children of the marriage and if there are children this section will identify each child.

2nd section:

This section is jurisdiction. This section states the court has the power to hear your case and grant you divorce so you must file your petition or complaint in the appropriate court, that is the court must have jurisdiction over your case. Jurisdiction is determined by residency at the time of filing for divorce.

3rd section:

A divorce decree addresses child support and child custody this section will address the following conservatorship:

is it joint or sole managing conservatorship, which parent gets to determine the primary residence of the child or children.

    • Who will pay child support?
    • Who will receive child support payments?
    • How much will the child support be?
    • Who will pay for medical insurance, dental insurance?
    • What’s the visitation schedule like?

4th section:

This is section is the division of assets. This section will dispose of all the property belonging to the couple. It will specifically state what has deemed separate property.

5th section:

This section will cover reimbursement. Reimbursement is when one spouse seeks to recover money from the other spouse in a divorce.

6th section: 

Taxes. This section will address how taxes will be handled for

the year of divorce, How tax refunds will be split and the exchange of information that will be necessary for the respective parties to file their future taxes.

7th section:

Is a name change if a spouse is seeking to change their name back to their maiden name. It is requested in this section.

8th section:

Attorneys fees and costs. This section allocates all attorneys fees and costs associated with the case. Who will pay for the attorney’s fees?

Who will pay for court costs?  It is all adjusted in this section.

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