What Is a Divorce Decree in California & Why Is It Important? 

The California divorce process can be complex and involve multiple steps. One of the most important milestones is the issuance of a divorce decree. This document formally ends the marriage and sets out the legal rights and obligations of both parties moving forward.

What Is a Divorce Decree?

A divorce decree is the official court document that legally dissolves a marriage. Once the court issues the decree, the parties are no longer legally married and are free to remarry if they choose. The decree is issued by the court presiding over the divorce and becomes part of the public court record, meaning certain information may be accessible to others.

What Does a Divorce Decree Include?

The contents of a divorce decree depend on how the case was resolved. Whether the divorce was contested or uncontested, handled through mediation, or completed as part of a collaborative divorce will affect how the decree is written. The document reflects either the terms agreed to by the spouses or the rulings ordered by the judge.

A divorce decree typically includes key details about the dissolution of the marriage, such as:

  • How community property will be divided
  • Child custody and visitation arrangements, if applicable
  • Whether child support is ordered, including payment terms
  • Whether spousal support is ordered, including the amount and duration
  • The names of both spouses and basic case information
  • Whether the divorce was contested or uncontested
  • Any settlement agreement incorporated into the judgment
  • How attorneys’ fees are addressed

Together, these provisions establish the financial and parental rights and obligations of each party after the marriage ends.

Every divorce decree is unique and based on the specific facts and circumstances of the case.

Importance of Divorce Decrees

The divorce decree signifies the last step in the divorce process. It is the end. It makes the judge’s rulings final. 

Additionally, the divorce decree serves as the official court order. It contains important terms that the parties must abide by, such as:

  • Selling marital property
  • Signing deeds or titles to the other spouse
  • Picking up and dropping off children at a certain time 
  • Paying child support regularly
  • Paying spousal support based on the specific terms included in the divorce decree

If one of the parties does not abide by the terms of the divorce decree, the other can file an enforcement action that can impose various penalties on the non-compliant spouse. 

The judgment remains the official order of the court until there is a modification of the court order.

Steps Involved in Obtaining a Divorce Decree in California 

There are typically several steps that occur before a spouse can obtain a divorce decree in California, such as:

  • Filing a divorce complaint in the proper court
  • Serving your spouse with divorce papers
  • Attending court proceedings
  • Participating in mediation 
  • Reaching a settlement or going to trial 

How To Obtain a Copy of a California Divorce Decree

Once the judge signs the divorce decree and the court files and stamps it, the decree becomes official. A signed copy can be obtained by requesting it from the court clerk, either in person or by mail. Having a copy of the decree is important, as it may be needed for legal, financial, or personal matters in the future.

Contact The Graves Law Firm To Learn More About the California Divorce Process

An experienced attorney from The Graves Law Firm can assist with every step of the divorce process in California, from the initial assessment of your case and filing the divorce complaint to obtaining the divorce decree. We can also provide assistance after a divorce decree has been issued in enforcement and modification actions. Call us today for a confidential case review with a Pasadena family law attorney. 

The Graves Law Firm Pasadena
1055 E Colorado Blvd #500a, Pasadena, CA 91101
(626) 365-1037
Open 24 hrs.