In New Jersey, a divorce decree officially ends your marriage, regardless of whether your divorce is contested or uncontested. However, finalizing a divorce is not the end of the process. It is important to address all post-judgment matters appropriately.
What is a Final Divorce Decree?
A divorce decree (or Judgment of Divorce) is a court order that legally terminates your marriage.
It also outlines the terms of:
- Asset and debt division
- Child custody
- Child support
- Spousal support (alimony)
- Pet custody
If you and your spouse have come to an agreement regarding the terms of your divorce, the judge will likely include your agreed-upon terms in the final order. Keep in mind, however, that a family court judge might refuse to accept some of your agreed-upon terms if they violate the “best interests of the child” principle. A judge might also refuse to incorporate unconscionable (extremely unfair) terms.
If you and your spouse disagree on any relevant matter, you have a contested divorce to deal with. You might face numerous hearings, depending on the circumstances. If you cannot agree, the judge will impose the terms of the divorce decree, whether you like them or not, and they will issue a final order.
Check for Mistakes in the Divorce Decree
Once you obtain a copy of the divorce decree, thoroughly review it for mistakes. Something as simple as a typographical error could result in serious consequences down the road. You need to notify the court immediately if you find any mistakes. The more time passes, the harder it will be to correct any errors.
Comply With the Divorce Decree
While you read the divorce decree, write down all the tasks you need to complete. There might be numerous matters you need to take care of. For example, you might need to transfer title to a car or even your home to your ex-spouse.
Make sure you meet any applicable deadlines. The divorce decree is a court order, and failure to comply with it could eventually result in a contempt of court charge or other legal consequences. In some cases, this could even mean criminal liability.
Appeal (If Necessary)
To appeal your divorce decree, complete the following steps:
- File a Notice of Appeal with the Appellate Division of the Superior Court within 45 days of the issuance of your divorce decree.
- Prepare a Record on Appeal that includes court transcripts, evidence, and all relevant documents from the trial court.
- Submit a legal brief outlining your reasons for appealing. Your spouse has the right to respond.
- In some cases, the court may schedule oral arguments.
- The appellate court will review your case and issue a decision.
The Superior Court is typically reluctant to overturn a divorce decree unless there is a significant error.
Promptly Handle All Divorce-Related Matters
Promptly address the following matters:
- Change your name back to your maiden name, if applicable.
- Update legal documents such as your driver’s license, passport, and other identification documents.
- Update your financial accounts by changing beneficiaries and updating information for bank accounts, retirement accounts, insurance policies, etc.
- Update your estate plan by revising your will, power of attorney, and any other estate planning documents.
- Notify your employer, your insurance providers, your healthcare providers, and other relevant institutions of any changes to your personal information.
Talk to a New Jersey family lawyer if you are unsure about any of these steps.
Seek the Services of an Experienced New Jersey Divorce Lawyer
Navigating a divorce without legal counsel can be risky, even if it is uncontested and completely amicable. Since many New Jersey family attorneys will offer you a free initial consultation, your best bet is to schedule one as soon as you can.
Contact an Experienced Monmouth County Family Law Attorney at The Law Office of Jennifer J. McCaskill, LLC for Legal Advice
To learn more and get the help you deserve, call our divorce & family law firm in Red Bank. NJ at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.