A divorce decree is a formal court order that legally finalizes the dissolution of a marriage. It’s the final stage of a divorce, formally ending your marriage. With the decree both parties are free to remarry and pursue separate lives. If you’re getting divorced, it’s important to understand the legal aspects and implications of this decree, from what it covers to how you obtain it.
Components of a Divorce Decree
When a couple gets divorced, there are usually multiple shared matters to address, such as property division and/or child custody. A divorce decree covers all of these components, ensuring clarity on what each party receives.
Depending on the specifics of your case, a divorce decree can include:
Property Division
If a couple owns property or assets, the divorce decree will detail who gets what. In some cases, when both parties can agree on how property will be divided, this portion of the divorce can be outlined in a Marital Separation Agreement. However, in cases where both parties can’t reach an agreement, the courts will decide which property goes to each spouse to ensure an equitable division of assets.
Child Custody
If you and your spouse have children, your divorce decree will cover who has custody of them. In some cases, one parent may gain full or sole custody over the children. In others, both parents may share custody.
The court will determine both legal and physical custody of your children. Physical custody refers to where the child will sleep at night and make day to day decisions. Legal custody covers who will make major decisions that will affect the child’s life, including decisions surrounding education, healthcare, and religious upbringing.
Child Support
If you and your spouse have children, your divorce decree will cover child support. Both parents are legally obligated to support their minor children. The court may order one party to pay child support to the parent with full custody, although it looks different in every case.
Spousal Support
The decree may also address spousal support, also known as alimony. This is the financial obligation one party has to the other. The specifics of alimony vary from case to case. Sometimes, it may be temporary, while in others, it may be indefinite, although this is rare.
The Process of Obtaining a Divorce Decree
In Maryland, the process of getting a divorce is similar to that in other states. If you and your spouse wish to divorce, you must cite a legal reason, or grounds, for divorce. Maryland law provides for three grounds for divorce:
- Mutual consent, where both parties agree to divorce and sign an agreement that addresses all concerns relating to property, alimony, custody, and child support.
- 6-month separation, where the parties live separate lives for at least six months without interruption.
- Irreconcilable differences, where you or your spouse believes that your marriage should end due to reasons that can’t be resolved.
The process of divorce can vary based on the grounds for the split. Some divorces, such as those involving mutual consent, are straightforward and often conclude quickly. However, in other divorces, such as those where the parties do not agree on property, alimony, custody, and/or child support, the process can be drawn out and include various court hearings, settlement conferences, and eventually end after a trial.
Modifications to a Divorce Decree
While a divorce decree is a formal dissolution of a marriage, it’s terms can be modified in certain instances. Certain conditions in the decree may be modified if there is a material change of circumstance that could impact child custody, child support, or spousal support.
Material changes that may allow for modifications include:
- One party’s income substantially increases or decreases
- One party receives an inheritance that changes their circumstances
- The child’s financial or educational needs increase or decrease, such as due to health, age, or disability
- One party needs to move, making the original custody or visitation schedule impossible
- Fraudulent activity from either party comes to light after the 30-day decree appeal deadline
- One party becomes unfit to parent
If your situation involves one of these changes, Maryland courts may consider a modification to your divorce decree. However, since it can vary, it’s important to talk to a knowledgeable divorce lawyer who can help you navigate the process.
Life After a Divorce Decree
Once your divorce is finalized and the courts issue your divorce decree, you and your spouse are free to lead separate lives in accordance with the decree. The decree will outline any obligations you must follow. Maryland’s enforceability of divorce decree is strict, so you are legally obligated to comply with its terms. If you or your ex fail to adhere to the decree, the other party may seek enforcement through the court.
For example, suppose your ex fails to pay alimony or child support as ordered. In this situation, you could bring the noncompliance to the court. The court may impose penalties, including wage garnishment, property liens, or even contempt of court charges.
Beyond these factors, your divorce decree can also have a lasting impact on future legal matters, including those surrounding remarriage and relocation. Some divorce decrees may cover provisions that affect the timing and conditions under which a former spouse can remarry. For example, there might be a provision that states that alimony obligations will cease if the receiving spouse remarries.
The decree may also address the custody and visitation rights of children, which can become an area of concern if one parent decides to move. In Maryland, the parent wishing to relocate with a child typically needs to seek court approval if the move will significantly impact the other parent’s visitation rights.
How a Lawyer Can Help with Your Divorce
Divorce can be complicated, especially if you and your spouse have unresolved issues surrounding marital property, child custody, or other related concerns. That’s where help from a knowledgeable Maryland divorce lawyer comes in.
Your lawyer will help you understand the divorce process, guiding you through each stage while advocating for your rights and interests. They handle everything from explaining the legal implications of different decisions to drafting and reviewing legal documents and handling negotiations surrounding assets, custody, and financial support. They are your advocates through every stage.
If you need help with your divorce, our team at Jezic & Moyse can help. Contact us today at (240) 292-7200 to learn more about how we can help with your divorce case.