define: Judgment and Decree

A Judgment and Decree is the document that is prepared that finalizes your divorce. The full name of the document is a Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree. If you reach an agreement with your spouse on all the terms of your divorce, the document will be referred to as a Stipulated Judgment and Decree.

Some important provisions in a Judgment and Decree include:

  • includes all identifying information for both spouses and their children, if any

  • identifies the date and location of your marriage

  • provides that there has been an irretrievable breakdown of the parties’ marriage, and effectively dissolves the marriage (grants the divorce)

  • identifies all property and debts owned by the spouses and allocates it to spouses

  • identifies the income for each spouse and awards child support or spousal maintenance, if appropriate

  • grants custody and parenting time, if children are involved

The Language in the Judgment and Decree Must be Clear and Specific

The Judgment and Decree is the document that actually “divorces” you from your spouse, but it does much more in addition to that. It is important for the language in your Judgment and Decree to be intentional. If a parenting time schedule or holiday schedule for your children is poorly worded in your Judgment and Decree, it will be difficult to follow and difficult to enforce. If the Judgment and Decree allocates a significant asset to one party or the other, like a house or property, these provisions need to be clear and specific. Again, if the language in the Judgment and Decree does not include all the variables that may arise with regard to that asset, things can quickly become confused and easily go sideways.

Contact us with questions about your Judgment and Decree

It is very important that you get some sort of legal counsel before finalizing a Judgment and Decree. The language in the Judgment and Decree may have consequences other than what you thought to be the case. Contact our law firm if you need representation in your divorce or if you have any questions regarding the terms in your Judgment and Decree. We can be reached via phone at 952-447,4424, via email at info@bpslawoffice.com, or by submitting the form below.