A divorce decree is the official court order that finalizes your divorce. It sets out the rights and responsibilities of each party and legally ends the marriage. Understanding what should be in a divorce decree and when the court will issue it can help you navigate the divorce process in Oklahoma more confidently.
What Is a Divorce Decree?
A divorce decree is a binding legal document issued by the court at the end of your divorce case. It records the court’s decisions on all matters related to your marriage, including property division, support, and custody. Once signed by the judge, it becomes enforceable and provides both parties with a clear record of their obligations and rights.
What Should Be in a Divorce Decree?
While every divorce is unique, a proper divorce decree in Oklahoma often includes the following:
- Property Division
- How you will divide marital property, debts, and assets.
- Any requirements for the transfer of property titles or accounts.
- Child Custody and Visitation
- Legal custody and decision-making authority.
- Physical custody schedules and visitation rights.
- Holiday and vacation schedules.
- Child Support
- Monthly child support amount.
- Which parent will pay support and how they will make payments.
- Provisions for health insurance and uncovered medical expenses.
- Spousal Support (Alimony)
- Whether alimony will be paid and the duration and amount.
- Name Changes
- If either spouse wishes to restore a former name.
- Enforcement and Future Modifications
- Instructions on how to handle disputes.
- Provisions allowing for future modifications of custody, support, or alimony under certain circumstances.
- Finality Statement
- A statement that the marriage is dissolved and each party is free to remarry.
When Will the Court Issue the Decree?
The timing depends on whether your divorce is contested or uncontested:
- Uncontested Divorce – If both parties agree on all issues and file the proper paperwork, the court may issue a decree relatively quickly, sometimes within a few weeks, depending on court schedules.
- Contested Divorce – When spouses disagree on property, custody, or support, the case may go to trial. The decree will not be issued until all disputes are resolved and the judge has made final rulings.
- Mandatory Waiting Period – Oklahoma law generally requires a 90-day waiting period when minor children are involved, unless the court grants a waiver.
Once the judge signs the divorce decree, the clerk files it, and it becomes the final order of the court.
Why Is the Decree Important?
Your divorce decree serves as the official record of your rights and obligations. You may need to present it for:
- Refinancing or selling property.
- Changing your name on identification and financial accounts.
- Enforcing custody or support orders.
Because it has long-term implications, it is critical to review the decree carefully before signing and to seek legal advice if you have questions.
Tulsa Divorce Attorneys
A divorce decree is one of the most important legal documents in your life. If you are facing divorce or have questions about what should be included in your decree, contact us today at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or contact us online.