Just what is a final divorce decree and when does it become effective? We get a lot of questions from women wondering when their divorce will be final or if an old divorce petition was ever finalized. That’s understandable because of the numerous steps in the divorce process. Even if you’ve reached a settlement and agree on everything, it still needs to be approved by the court.
By WomansDivorce.com | Updated February 11, 2023
For a divorce to be finalized, it must first be approved and signed by a judge. If it’s approved by the judge, a court order (judgment) will be issued outlining the details of the divorce, including the case number, names of the parties, the settlement agreement, and the specifics of support and child custody. This court order terminates the marriage and becomes an enforceable divorce decree once it's filed with the court clerk.
It’s important to note that it can take a while for a divorce judgment to be signed by a judge due to back-logged court dockets. Also, some states also have a waiting period before a judge approves and signs the judgment.
Even after a judge signs the order, the divorce is not actually finalized until it the court clerk enters the judgment into court records. The documents will be date stamped and copies will be mailed to each party (or the lawyers representing the parties). The effective date of divorce will be the date entered by the court clerk, unless your state has a waiting period.
If you feel like the court made a legal mistake in rendering your divorce settlement, you have the option of filing an appeal. It's important to note that an appeal is a drawn-out process and only focuses on legal errors, not the fairness of your divorce. Most states have a time-limit for filing an appeal and this is a technical procedure, so you'll need hire a skilled appellate attorney to handle your case.
After everything is over, it’s a good idea to keep a copy of your final divorce decree. First of all, it’s a court order. If there are conditions of your settlement agreement which need to be met, it’s a good idea to keep a copy on file in case you need to file for enforcement or modification later on.
You may also need a copy of your final divorce decree to legally change your name, apply for a mortgage, remarry in some states, or apply for social security later on. If by chance you no longer have a copy of your divorce decree, you can request a copy from the court where the divorce was finalized.
This overview outlines the basics of the final divorce decree. Below you will find answers to other questions that further explain what to expect.
Amanda's Question: My ex and I separated 8 years ago. We started the divorce process, but recently I found out it was never finalized. Does the divorce eventually become final after a certain amount of time?
Brette's Answer: Not unless there is a judgment of divorce issued, which does not happen unless the parties move it along to that stage. Your case has likely been dismissed for inaction and you will need to re-file.
Amanda's Question: My friend just went through a year-long divorce. We were waiting for the judge to sign papers and get them to her attorney so we could take care of all the important things like her pension and accounts (that was going to be the middle of the month). However she fell ill and passed last week. Her ex-husband is now attempting to vacate us and take vehicles when they were awarded to her in the judgment. How can I be sure the divorce is finalized?
Brette's Answer: It's a matter of public record so check with the courthouse. Whoever her heirs are should be in contact with her attorney to find out the status as well.
Stacy's Question: Is a divorce decree not considered fully executed unless all terms have been met? For example, division of assets has not yet been completed as stipulated in my MSA. I have filed a motion for clarification and enforcement. Will this need to be completed for my ex-spouse to proceed with his planned wedding?
Brette's Answer: No. Once it’s signed by the court you are legally divorced and can remarry. The terms of the decree are enforceable though so if they have not been met you can file for violation and enforcement of the order.
Madge's Question: If I filed for a divorce and have all the other papers, but did not file the divorce decree, am I still married or divorced?
Brette's Answer: You are still legally married. Divorces are not final until the decree is signed and entered by the court.
Amina's Question: I got a judgment of divorce last November, but I didn’t know I had to file my papers at the clerk’s office. It’s been a year and I am missing my divorce papers. I want to marry again, but according to the clerk’s office I have to register my judgment papers with them, which I don’t have. I need a suggestion on what I should do.
Brette's Answer: You should be able to get a copy from the court. If you worked with an attorney, call them. If not, call the court clerk's office and ask how to obtain a copy.
Rebecca's Question: My husband and I were ordered to do parenting classes by Jan 4th. He didn't complete his. We also went through a mediator to separate property. I did get papers from the mediator about the divorce being finished as of October, but then also got papers from the court stating it won't be final until the classes are completed. Are we still married?
Brette's Answer: You're not divorced until you have your divorce decree from the court.
Sonia's Question: I recently had my online self-represented divorce trial in RI and everything was going smoothly until in the end when the Judge said that the divorce wouldn't be finalized until me and my ex-husband file two documents. The only answer I get when I asked which documents where needed was that I would find it at the domestic website. But I can't find anything.
Brette's Answer: I suggest calling the court clerk and asking them to tell you what is needed to finalize the case. They are generally very helpful and can point you in the right direction.
Penny's Question: My final divorce decree stated that all child support would cease in October of last year. My attorney said "I've never seen anything like this before. I haven't read this divorce decree and didn't write it". Who DOES write them, if not the attorneys involved?
Brette's Answer: Usually the language is prepared by the attorneys in the case and approved by the court. Sometimes the court will prepare it.
Donna's Question: Is the date of entry of the final decree when the judge signed the decree or when the decree was filed into the courts?
Brette: You should consult with your attorney or call the court clerk to get a clear answer on how your state interprets this. Generally, entry means filing, but you do need to check to be sure.
Denise's Question: I filed for a Summary Dissolution, and filed the final judgment six months later. Which date is the official divorce date, the date that I filed or the date that the court entered the judgment?
Brette's Answer: In most cases, the date of dissolution is the date of the final judgment entered by the court. However, a court can indicate a different date in the judgment if it chooses.
Louise's Question: The judge signed and dated the final degree, but the date is TOTALLY ILLEGIABLE. Is this still a legal document?
Brette's Answer: Yes it is. There is a record of the date it is entered by the court clerk if there is any question about the date.
Britney's Question: I just called the court clerk to ask for a certified copy of my divorce papers to obtain a new Social Security Card, only to find out that the judge never signed my divorce papers 2 years ago. In fact, they can't even find the page he was supposed to sign. He has since retired from that County and I live in a separate County. Do I have to start all over?
Brette's Answer: You should contact the attorney who represented you and ask them to track this down. If you did not have an attorney you need to talk to the clerk's office to ask them to locate this or let you know what they can do to resolve it. The page may just be missing and was actually signed.
A's Question: Once I have attended my divorce hearing and it is finalized, will I get a copy of my divorce decree immediately so that I can complete the steps that same day to change my last name back to my maiden name as well as making other necessary changes (driver’s license, credit cards, bank account, etc.)?
Brette's Answer: It could take up to a month to get it in the mail depending on where you live and what the court delays are like in your area.
Heather's Question: Who is responsible for providing you with the final divorce papers? It was my understanding that the lawyer will give you copies of the signed and finalized divorce paperwork when everything is finished.
Brette's Answer: Documents that are signed by the court are sent out by the court, but if you are represented by an attorney, your copy goes to the attorney. However, you are entitled to a copy of anything you signed.
Charlotte's Question: How do I get a copy of the Marital Settlement agreement? Is this something that's usually sent to the divorcees after the divorce or do I have to pick it up from the court myself?
Brette's Answer: You should receive a copy of your judgment from the court, which will either attach the settlement or restate everything that is in it.
Danielle's Question: My ex won't give me a copy of the divorce decree. How do I go about getting a copy of my divorce decree?
Brette's Answer: A copy of the decree is supposed to be served on you. Look through your files for information such as the summons, a petition, some piece of paper that will give the case number. If you can't locate this information, it would be in the county the divorce was filed. Divorce files can be searched for by names, so you should ask for that when you contact the county courthouse.
Joy's Question: My husband left me over a year ago without informing me of his new address. I recently heard that he divorced me. How is that legal without my signature and how I can get a copy of the divorce papers?
Brette's Answer: The divorce would be filed in his county of residence in the state he lives in. If he could not reach you, the court would have authorized notice by publication in a newspaper. Contact the court clerk's office in that county to obtain a copy of the divorce.
Ronda's Question: My ex-husband went to prison 23 years ago in Elko, NV. While serving out his sentence, he apparently divorced me - uncontested. I have never seen any papers from him at all. I've searched through Elkko, NV records but no luck. He is now remarried. How do I prove to the DMV we are no longer married?
Brette's Answer: You need the divorce judgment as proof of divorce which should be available through the court clerk's office of the court where he filed. You might have to ask him where he filed or for a copy.
Joy's Question: We've been married 18 years. Recently his ex-wife called to see if we had copies of the divorce papers. We do not have a copy either but my husband remembers having them. The attorney is now deceased. What are our recourses to be certain he is divorced?
Brette's Answer: Contact the state vital records department or the court clerk of the court where the case was held. You may also be able to access it online through their web site. Good luck.
Note: To find out where to write or access online vital records, you can also go to https://www.cdc.gov/nchs/w2w/index.htm and click on the link for your state.
Nancy's Question: My husband committed suicide in 2008. Out of spite, my brother-in-law signed the death certificate showing the marital status as divorced instead of married. In Michigan I need a search of divorce records from 1994 through 2008 to prove a divorce never occurred, how do I do this?
Darla's Question: My divorce was finalized last summer, and I just called my lawyer to request a copy of the divorce papers and my file. I was told that they destroyed the file 8 months after the divorce was finalized. How long are they required to keep divorce files?
Brette's Answer: Most attorneys store files for at least seven years. You should contact the Bar grievance committee for your state.
Question: My boyfriend was married before. He went to family court and when he got back home he said the divorce went through but he didn't sign any papers and didn't go with a lawyer. He didn't even bring home any papers proving he got divorced. How do I know he's telling telling the truth?
Brette's Answer: In the U.S. divorces are public record so you could search the records of the county it was in. You don't necessarily have to sign anything if you appear in court. The divorce is not final until the court issues the divorce decree.
Kelly's Question: At what stage in the divorce is it made public for people to look up the divorce information on people who have filed or had papers served?
Brette's Answer: It is always public.
Rose's Question: My divorce was granted in Nevada and real property was awarded to me, due to my ex not showing up for court. The property is in Washington State. I'm told that because the properties are in Washington that I have to register my divorce decree in Washington? Why is that?
Brette's Answer: Because that is the only way Washington will know of the decree affecting property in its state.
Sarah's Question: Can you have a finalized divorce dissolved, making it as if it never happened? Or will you have to remarry?
Brette's Answer: If it final and signed, the marriage has legally ended. You can remarry however.
