Sample Decree of Divorce/More Info


Sample Decree of Divorce
 Additional information 
 
We suggest that you provide this sample Decree of Divorce to your attorney at your first meeting and ask him or her to use this sample decree as a pattern to shape the important issues of the decree of divorce that will ultimately be issued by the Court and Judge in your divorce.   

Discuss with your attorney the strategy of shaping the issues in your divorce as favorably as possible to you early on in the process and the importance of drafting and refining the ultimate decree of divorce that you will want to present to your spouse's attorney for acceptance and signature by the court.  Remember, your objective is to write the decree yourself with your attorney, exactly the way you want it, as soon as possible, and then use that draft decree to begin the negotiation with your spouse and his or her attorney.  This draft decree brings into focus early on the goal you should negotiate to achieve.   

When a complaint or petition for divorce or dissolution of marriage is filed, the goal of that act is to obtain a decree of divorce that dissolves your marriage and settles all issues related to you marriage.  The Judge will issue this decree eventually, whether the parties have approved of the contents or not.  The best strategy to pursue, and that which saves you the most money, is to work with your attorney as early on in the divorce process as possible to shape the language that you want in the decree and present it to your spouse's attorney in the hope that you can achieve an agreement regarding the rights and responsibilities of the decree favorable and agreeable to you.  It is much easier to take to the Court and Judge a decree that both parties have agreed to so that all the Judge needs to do is sign it.  If the parties can't or won't negotiate and agree to the terms of a decree, the Judge will write his or her own decree after a contested hearing.  It is almost always the case when this happens that the divorce process winds up costing the parties substantially more in attorney fees and costs, and the terms and conditions of the decree are not nearly as pleasing to either party as they would have been if all issues had been negotiated and settled by the parties prior to the moment when the Judge signs their decree.