Divorce Decree
This attorney drafted divorce decree template sets forth numerous
standard terms to be determined in a divorce decree as well as
many typical considerations when minor children are involved. It
provides optional language in instances where the couple has
agreed to terms and considerations of many common issues.
ALL INFORMATION AND FORMS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY,
EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING AS TO THEIR LEGAL EFFECT AND
COMPLETENESS. They are for guidance and should be modified to meet your needs and the
laws of your state. Use at your own risk. Docstoc and anyone who participated in providing or
modifying any form is not creating or entering into an Attorney-Client relationship. Docstoc
© Copyright 2011 Docstoc Inc. does not provide legal advice. The information and forms are not a1 substitute for the advice of
your own attorney.
In the ____ Court of the State of ____, in and for the County of ____ [Instruction: Insert
applicable court information.]
______, Plaintiff :
vs. : Case No.: _____
______, Defendant :
[Instruction: Insert applicable case information where indicated.]
JUDGMENT ENTRY DECREE OF DIVORCE
This cause came on for hearing on ______ upon the complaint of the Plaintiff, and upon
consideration thereof, the Court enters judgment as hereinafter set forth:
1. The Court finds that Plaintiff has been a bona fide resident of the State of _____
[Instruction: Insert state.] for at least ___ [Instruction: Insert applicable minimum
residency requirement for divorce filing.] months immediately preceeding the initial
divorce complaint filing. [Comment: If jurisdiction has any additional residency
requirements, for example, county residence where case filed, ensure same are met
and state compliance with same in additional sentence.]
2. The Court finds that the parties were duly married at _____. [Instruction: Insert when
and where marriage occurred.] [Optional language: The Court finds that ___
children have been born to or adopted as issue of this marriage, to wit: _____, born
____. Comment: Insert applicable information if children are involved. The wife is not
now pregnant.] Based on the evidence presented, the Court finds that the dates for
determining the meaning of “during the marriage: are the date of the parties’ marriage as
set forth above and the date of the final hearing, _____. [Instruction: Insert final
hearing date.]
3. The Court finds that the parties are incompatible as alleged in the Complaint, and that
the Plaintiff is entitled to a divorce as demanded. [Comment: If divorce complaint
brought on grounds other than irreconcilable differences or incompatibility, revise
this language to reflect actual complaint language.]
4. The Court finds that the parties were properly served with the Complaint, notice of the
final hearing, and that this Court has subject matter jurisdiction over all matters contained
herein, [Optional language: including matters of custody and support of any minor
children because the state was the home state of the minor children on the Complaint
filing date (Parties should ensure these are the applicable jurisdictional requirements
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for subject matter jurisdiction prior to including this language, otherwise revise as
appropriate and necessary)] and the parties hereto.
IT IS HEREBY ORDERED, AJDUDGED AND DECREED that the marriage relationship
existing between the parties should be and hereby is terminated and dissolved on the grounds
set forth above, both parties released therefrom, and that a Decree of Divorce is hereby
awarded to Plaintiff. Both parties shall hereafter continue to live separate and apart from
each other, and neither shall annoy, molest, interfere with or harass the other in any way or
manner, either directly or indirectly.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff shall
restore/retain the last name of _____. [Instruction: Insert applicable information
regarding any last name changes or either of the parties.]
IT IS FURTHER ORDERED, ADJUDGED AND DECREED [Optional language: Based
on the specific facts, parties may have stipulated to certain matters, and in such
instance, may revise the following based upon such agreement. Otherwise, delete and
use the court determination language.] The parties have executed a settlement
agreement and child care plan, which settles all property, debt and child issues of the
marriage. The Court hereby incorporates the attached settlement agreement and child
care plan as the complete settlement of all issues of the marriage.
Optional language if children involved: Upon consideration of all applicable factors,
including but not limited solely to those identified below in the findings, the Court finds
it to be in the best interest of the parties minor children that the _____ [Instruction:
Insert applicable party.] be allocated the parental rights and responsibilities for the
care and maintenance of the parties minor children. IT IS THEREFORE ORDERED,
ADJUDGED AND DECREED THAT _____ shall be the designated residential parent
of the minor children set forth herein.
Neither party shall obstruct the development and maintenance of love and affection
between the children and the other parent. In addition, neither parent will interfere
with reasonable communication with the minor children. Finally, neither party shall
say or do anything to estrange any child from the other parent. Both parties shall
consult frequently concerning the children’s welfare with a view of continuing a
harmonious policy calculated to promote the minor children’s best interests.
IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that the non-
residential parent shall be entitled to frequent and liberal parenting time with the
parties’ minor children as the parties shall agree, but in any event no less than that
provided pursuant to applicable law, as attached hereto and incorporated herein by
reference.
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IT IS FURTHER ORDERED, ADJUDGED AND DECREED that for purposes of this
Judgment Entry _____ [Instruction and Comment: Insert information regarding which
party is obligated to pay child support, cash medical support, including specific
amounts and insurance to be provided, how such support must be paid and when such
support must end. Parties should be aware that states have varying positions on when
child support ends, and same may be based upon factors regarding the specific parties
involved. If state law requires, language must be included regarding administration of
these child support orders, notification regarding termination and enforcement of same,
as well as how arrearages shall be handled.]
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that for purposes of this
Judgment Entry _____ [Instruction and Comment: Insert information regarding health
care insurance and expenses, including any definitions which must be included, for
example, what health care expenses will be covered or excluded, and the process by
which payment must be made, as well as who shall pay for uninsured health care
expenses.]. Each parent shall promptly notify the other parent of an injury or illness of
a minor child which necessitated health care and occurs while a child is in the care of
the other parent. The notification shall include, to the extent possible, an estimate of
the cost of any health care expenses, if same is available when notification is made.]
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that for purposes of this
Judgment Entry _____ [Instruction and Comment: Insert information regarding
allocation of dependents for tax purposes, including any contingencies regarding child
support arrearages, if any.].
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that for purposes of this
Judgment Entry _____ [Instruction and Comment: Insert information regarding division
of marital property and debt. Particular note should be made if either or both parties
will retain their respective, separate interests in and to any property, including but not
limited to retirement, real estate, pension, life insurance policies or other intangible
assets.].
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that for purposes of this
Judgment Entry that, where required to affect the property distribution set forth above, each
party shall deliver any and all duly and properly executed deeds, titles, certificates, or other
instruments or documents necessary to transfer title of an asset or the asset itself, to the party
to whom such property is awarded no later than thirty (30) days from the date hereof. In the
event of a failure to do so, a copy of this Decree shall operate as a properly executed
document, and all public and private officials and/or agencies are hereby authorized and
directed to accept a certified copy hereof as any such document regularly required for any
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such conveyance or transfer. The Court retains all necessary jurisdictions to issue additional
specific orders to carry out the terms of this Decree.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that for purposes of this
Judgment Entry _____ [Instruction and Comment: Insert information regarding spousal
support.]
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that for purposes of this
Judgment Entry _____ [Instruction and Comment: Insert information regarding
payment of legal fees and court costs.]
SO ORDERED.
[Instruction: Insert specific signature blocks required by applicable jurisdictional
requirements, including if any, notice of service of process.]
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