Divorce Law FAQ: What is the difference between a divorce decree and a divorce certificate?
Answers from a Divorce Lawyer Austin, TX Locals Recommend
Getting a divorce can be time consuming and stressful which is why you should consider having a divorce lawyer in Austin, TX on your side. A lawyer can protect your rights throughout the process and ensure things go as smoothly as possible. For a free consultation to learn more about how we can help you during this difficult time, call us.
What is the difference between a divorce decree and a divorce certificate?
Divorce is a complex legal matter that includes many terms which are similar, but not the same. The following descriptions should help you to understand the differences. A divorce lawyer in Austin, TX from our firm can explain in greater detail as it pertains to your situation.
Divorce Decree
A divorce decree is granted by the court and is considered a final judgment. It will include information such as:
- Spousal support/maintenance
- Child support
- Child custody and visitation
- Division of property
- Division of debts
- Who will get life/health insurance
- Whether or not the wife will/can take her maiden name
Only a court can issue a decree of divorce. Each spouse will receive a copy of the decree once the divorce is final. If the divorce was not amicable and required a judge to order decisions and terms, the decree will indicate this and act as a judgement to which both spouses must legally adhere. If the divorce was amicable and both spouses agreed to the settlement, the decree will include the terms. It too will act as a judgement, but based on the terms of the spouses’ rather than the judge’s.
Obtaining a Copy of Your Divorce Decree
A copy of your divorce decree can be obtained anytime. Usually it is available at the county clerk’s office or courthouse. This could vary by state so you may need to confirm with your divorce lawyer in Austin, TX or the county clerk’s office. Typically, only those involved in the divorce can obtain a copy.
What Happens After You Get Your Divorce Decree?
Once you have received your divorce decree, it will be important to adhere to any orders that have been detailed within as well any instructions given to you by your divorce lawyer in Austin, TX. Your former spouse should do the same. Furthermore, you will want to do the following:
- Review the document for accuracy.
- Have your divorce lawyer in Austin, TX review it and ask him or her any questions.
- File an appeal if you’re not satisfied with the judges orders/decisions.
- Update your will or trust.
- Update your insurance policies.
- Update your power of attorney.
- Change the names on your bank account.
Remember that you can take your former spouse to court if he or she violates the decree or if adjustments need to be made. Contact your divorce lawyer in Austin, TX immediately.
Divorce Certificate
A divorce certificate is not the same as a divorce decree. It is issued by your state’s health department or the bureau of vital statistics. Usually this is the same agency that provides birth statistics. A divorce certificate is not issued by a court; it is a document that certifies you are divorced and shows:
- The names of both spouses.
- The date and location of the divorce.
A divorce certificate may not be available in every state. It can be used for things such as:
- Changing your name.
- Showing proof of your divorce.
- Getting a passport.
- Obtaining a travel visa.
- Getting married.
Contact a Respected Divorce Lawyer Austin, TX Offers
To speak with a skilled divorce lawyer in Austin, TX about filing for divorce or to ask questions about your situation, please call us to request a free consultation.