At What Point In A Divorce Process Is The Divorce Finalized?
The divorce decree becomes official in one of two ways. The first way is by the parties signing a stipulation, which is a written agreement outlining the terms of the divorce settlement. The written agreement or stipulation is essentially a contract that can be enforced like any other contract, by the appropriate motion for enforcement with the court.
The second way is by court ruling following a trial, which can be in either written form or given orally from the bench.
Once the parties reach a written agreement or the Court has ruled after trial, the court will have to enter administrative documents and the Findings of Fact and Conclusions of Law before the court can sign the Decree. The Decree of divorce or custody decree is based on the court’s Findings of Fact, which are based on the facts of the case or the written agreement of the parties, and the law that applies to the case. The written stipulation or ruling from the judge provides the foundation for the findings of fact and conclusions of law, and in turn, the findings of fact and conclusions of law create the foundation or the basis for the decree.
How Long Will The Finalized Divorce Or Custody Decree Take?
Once the stipulation has been filed with the court or the court has issued its ruling, one of the parties’ attorneys will volunteer or be directed by the court to draft the administrative documents, the findings of fact and conclusions of law, and the decree. This generally takes a couple of weeks due to the attorney’s schedule, but it can be done in a single day.
Once the decree has been drafted by the attorney, the other side must be given an opportunity to approve or object to the accuracy of the language in the decree. Assuming there is no objection, the decree will be submitted to the court and the court will have 60 days to sign it. In most cases, however, the court will generally sign it within two to four weeks. Once the decree has been signed, the divorce or custody arrangement will be considered final.
What Is The Official Divorce Date?
The official divorce date is the date the decree is signed.