A dissolution decree is the final ruling that legally ends a marriage, often including property and parental rights. Parties can settle out of court, but the decree can be challenged or changed if circumstances change. Appeals and motions to change the decree are options for dissatisfied spouses.
A decree of dissolution is the final ruling issued by a court that legally ends a marriage. A judge finalizes the issues raised in court by both parties in the decree, such as child custody and visitation. The dissolution decree often codifies the rights of each party, dictating property, parental and other rights. Some parties reach an out-of-court settlement, and often the judge approves the decree according to the settlement as long as it complies with the laws of the jurisdiction. Once a decree is final, it can be challenged and changed by the court if circumstances change and a change is justified by legal statutes.
A couple is considered married until a judge issues a dissolution decree. They may have a formal separation, but often a couple’s rights remain until the divorce is final. The date a judge signs the decree is often considered the official date of the divorce. Neither party can engage in business transactions before that date as if they were no longer married, nor can they assert custody rights as if they were a single parent. This can often affect how the judge will divide the rights between the parties and, as a result, the aggrieved party may be awarded damages or increased rights.
When a spouse is dissatisfied with the court’s ruling, that spouse often has the right to appeal. An exception to this right of appeal is when an agreement has been reached and incorporated into the dissolution decree. Family law attorneys often write appellate briefs on behalf of clients, showing how the lower court judge misapplied the law. The other spouse will file a brief stating that the law was properly applied and that the decree should be valid. The appellate court may or may not allow oral arguments in the case.
Another option available to a spouse who wants a different outcome is to file a motion to change the decree. The spouse goes to the same judge or court where the dissolution order was issued and asks the court to amend the order. The amendment is a legal recourse available to both spouses because the initial circumstances surrounding the decree may have changed. For example, if the decree awards alimony to his wife but the husband is recently unemployed, then he can apply to change the amount or obligation to pay alimony. As a result, a judge can make a temporary or permanent change.
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