It is true that love is great, but divorce is 100 grand. Given the complexity of divorce proceedings, it may be worth learning the meanings of terms like divorce decree and divorce certificate, as well as their differences.
Although a divorce decree is not defined by any statute, it can be described as a document that is provided by the court. This is the final and conclusive judgement of the court with respect to the divorce case.
A divorce decree can often include the rights and liabilities of the parties as adjudicated by the court. This includes the custody of the child and the beneficiary of life insurance.
If the divorce is mutually agreed to without the traditional court process, then the decree will contain the terms of the settlement.
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A Divorce certificate is not a complete document. It only shows the names of the divorcing parties, their places, and the date.
It is different from a divorce decree because it is not provided by the court, but from the relevant government portal like a marriage certificate.
It is useful to prove divorce without having to reveal all details. It can also be used to modify the name for travel visas, passports, and other purposes.
Divorce decree v. Divorce certificate
Benefits: Here are the benefits of a divorce decree.
- Determination and rights of liability – The decree clearly outlines the rights and obligations of the parties, such as child support and alimony.
- Conclusive, binding – Both the parties and the decree are final and binding.
- Enforcement – If one of the parties fails to fulfill the obligations in the decree, the other party may enforce it in court.
- Appealable – The Dissenting Party can appeal against the decision to the higher court.
These are the benefits of the Divorce Certificate:
- Recordkeeping – The government can keep track the number of divorce cases.
- It is easy to get divorced – Both parties can provide the certificate to show that they have divorced for any reason.
- Privacy intact – Parties can easily prove that they are not disclosing information about their divorce.
- Allows parties to make modifications to informal documents like passports, IDs, and so forth.
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How to get a divorce decree. The parties must file for divorce at the court that is competent. However, it is helpful to know the differences between the different types of divorce.
First for mutually agreed divorce in which the parties have made a decision to end the divorce amicably and decided on the terms of the settlement, such as child custody, alimony, etc.
These are the steps to file for divorce.
- The petition is drafted by the parties and their attorneys.
- This petition must be signed and verified by both parties.
- The Competent court is the one that receives the petition. It can be either the residence of the spouse or the last place they lived.
- A court might allow the parties to withdraw their petition for a few months.
- A second motion can be filed if the parties want to divorce.
- The court issues the divorce decree and the judgment after the facts and circumstances have been satisfied.
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