Final Judgement & Decree of Divorce

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Legally binding court order that declares that your marriage is officially over.

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The Final Judgment of Divorce (also referred to as a Decree of Dissolution or Decree of Divorce) is the legally binding court order that declares that your marriage is officially over. The action of the judge signing and entering this judgment represents the end of the divorce process and makes official the terms of any documented agreements reached by the spouses in the course of the divorce. In short, without the Final Judgment, there can be no divorce.

This attorney-prepared packet contains:
  1. Information on Decrees of Dissolution of Marriage
  2. Instructions for the Decree of Dissolution of marriage
  3. A completed sample Judgment of Divorce for your reference
  4. Decree of Dissolution of Marriage Form
State Law Compliance: This form complies with the laws of your state
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Final Judgment of Divorce
(Alabama)







This Packet Includes:
1. Information
2. Step-by-Step Instructions
3. Sample Information
4. Final Judgment of Divorce Alabama







Information
Final Judgment of Divorce Alabama

The Final Judgment of Divorce is the legally binding court order that declares that your marriage is officially over.  

The document contains the caption identifying the case and the parties, an overview of the Final Judgment, and the Decree of the court regarding the terms of the divorce.  The caption identifies the involved parties.  The overview of the Judgment contains the procedural details required before a Judge will preside over the divorce.  The Decree of the court contains the actual terms of the divorce, and provides for important matters such as the changing of a former spouses last name, and the terms of child custody, and division of property as detailed in the Marital Settlement Agreement.




Step-by-Step Instructions
Final Judgment of Divorce Alabama

   GENERAL INSTRUCTIONS
As you prepare this document, be very careful and take your time.  It must be prepared to reflect exactly what you and your spouse have agreed upon in your Marital Settlement Agreement.  It should also parallel exactly what you have requested in the last section of your Complaint/Petition for Divorce.  Although this document will not be signed by the judge until the end of your divorce hearing, it should be prepared in advance.  In an uncontested divorce proceeding which is based on a written and signed marital settlement agreement (as yours will be), a pre-prepared final judgment is common.  In the vast majority of cases, the judge will sign this document at the close of your court hearing.  Although it is unlikely, there is a possibility that the judge may make some changes in the final version of the judgment.  For example, the amount of child support may be increased or decreased by the judge. If this happens, the judge will orally inform you of such a change during your hearing. Any such changes must be noted carefully at the time of your hearing.  Your judgment must then be modified and resubmitted to the court clerk for the judges signature.

   CAPTION
The title of this document will normally be Final Judgment of Divorce.  If you see a different title that means this state uses a different title

The portion of court documents above the title (here, above the line “Judgment for Divorce”) is called the caption.   The caption includes information vital to the proper filing and recordkeeping of your action, so be very careful when completing this part of your document.

   Fill in the blank following “In the Circuit Court for” with the name of the county in which you filed for divorce.
 
   In the section below “In re: The Marriage of” insert the name of the spouse asking for divorce on the line above “plaintiff” and insert the name of the other spouse on the line above “defendant.
 


   If you and your spouse have minor children, include the language “and in the interest of” and insert the name(s) of your minor child or children on the lines provided.  If you have no minor children, remove this language and the blank lines from your document.



   When you file your initial complaint for divorce with the court clerk, your case will be assigned a case number.  Insert that number in the space provided on the right side of the caption.

   BODY
The remainder of the document includes the actual language that the judge will use to make your divorce final.  Carefully follow these instructions and do not change any of the language unless instructed to do so.

   In the blanks on the line following “Judgment of Divorce” fill in the date of your divorce hearing.  For example:  “On the Sixth day of July, 2004.

   In paragraph two of the section titled “The Court Orders, Adjudges, and Decrees,” fill in the date of your Marital Settlement Agreement was dated.  For example:  “On the First day of May, 2004.”  Be sure to include a copy of your Marital Settlement Agreement with this Judgment.

   If you and your spouse have no minor children, remove paragraph five (5) from the section titled “The Court Orders, Adjudges, and Decrees.”  Remove ONLY the paragraph numbered five (5), and check for continuity of numbering of the remaining paragraphs.

   If the last name of you or your spouse will change as a result of the divorce (and is referenced in your Marital Settlement Agreement), in paragraph six (6) insert the new full name of the spouse, and remove from the paragraph the title of the spouse whose name will remain the same.  For example:  Mary Smith filed for divorce from her spouse, John Smith.  Mary wishes that her name to revert to her maiden name, Carter.  In paragraph six (6), Mary will remove the word “Defendants” (Mary filed for divorce, and is therefore the plaintiff) and insert “Mary Ellen Carter” in the blank provided.    

   The completed paragraph six will read:  
   That the Plaintiffs name be restored to    Mary Ellen Carter as set forth in said Marital Settlement Agreement.

If neither the last name of you nor your spouse will change, remove paragraph six (6) from the section titled   “The Court Orders, Adjudges, and Decrees.”  Remove ONLY the paragraph numbered six (6), and check for continuity of numbering of the remaining paragraphs.





   Both you and your spouse should sign the Judgment for Divorce on the lines provided at the bottom of the second page.  The Party who filed for divorce is the Plaintiff, and the responding party is the Defendant.  Insert your name and the name of your spouse in the appropriate spaces beneath the signature lines.


   The Judge will insert the date the decree is entered, and sign the Judgment, making the divorce final.  Do not insert a date or name in the space provided for the Judges entries.  In the rare case the Judge changes the terms of the divorce, he or she will instruct you on what changes you need to make.  Follow these instructions carefully, and resubmit the modified Judgment for the Judges signature.  

   STATE LAW
These instructions provide general guidance on completing your Judgment for Divorce.  Every effort has been made to assure that the information contained in this section is accurate and complete; however, laws are subject to constant change.

Follow the link below to our free State Law Digest for Divorce Law, which includes information regarding your states divorce laws and procedure.  Use this information to ensure that your Judgment for Divorce is in compliance with all applicable state laws.




Sample Information
Judgment of Divorce Alaska



A complete sample Judgment of Divorce begins on the following page. It has been assembled using the Final Judgment of Divorce Form and instructions included in this kit. By reviewing this sample agreement, you will be able to see what a completed Final Judgment of Divorce should look like.

For the purposes of preparing this sample agreement, a fictional family was used. Mrs. Mary Ellen Smith is the wife and Mr. John William Smith is the husband. They filed a Marital Settlement Agreement on May 1, 2004, and their hearing for divorce is calendared for July 6, 2004.  The parties live in the fictional town of Centerville, in the fictional County of Washington, in the fictional State of Superior.

Please keep in mind that this is a general sample, and it may differ from the form and language used in your state.  Please follow your state specific instructions when completing your Final Judgment of Divorce.






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Sample Final Judgment of Divorce


In the Circuit Court for Washington County, State of Superior

In re: The Marriage of:          )
                  )
   Mary Ellen Smith,          )
   Petitioner             )
and               )   Case #: ABC123
   John William Smith,         )
   Respondent             )
                  )
And in the interest of:            )
   Alice Mary Smith and         )
   James John Smith         )


JUDGMENT OF DIVORCE
On the 6th day of July, 2004, a final hearing was held in this cause.

The Petitioner, Mary Ellen Smith, was present, in person.

The Respondent, John William Smith, waived issuance, service, and return of process and appeared generally by an Appearance, Consent and Waiver duly filed and did not otherwise appear.

The Court, having examined the verified pleadings and heard the evidence and being fully advised in the premises finds:

1.   That all necessary residency requirements and prerequisites of law have been legally satisfied;

2.   That this Court has personal jurisdiction of the parties and of the subject matter;

3.   That all of the material allegations contained in the Petition are true; and

4.   That the parties have voluntarily waived findings of fact, conclusions of law, a record of testimony, motion for a new trial, notice of entry of final Judgment, and right to appeal, but have not waived their rights to future modification of this Judgment.

THE COURT ORDERS, ADJUDGES, AND DECREES:

1.   That the marriage of the Petitioner Mary Ellen Smith and the John William Smith is hereby dissolved and that they are hereby divorced;

2.   That all of the terms and provisions of the Marital Settlement Agreement between the parties, dated the 1st day of May, 2004, which is attached and incorporated by reference, are hereby approved and incorporated, merged into, and made part of this court order, and the parties are ordered to comply with all terms and conditions of said Marital Settlement Agreement, but that it shall survive this order;

3.   That the partys property and obligations shall be distributed according to the terms of said Marital Settlement Agreement;

4.   That alimony and maintenance shall be as set forth in said Marital Settlement Agreement;

5.   That the custody, visitation, care, and support of the parties children shall be as set forth in said Marital Settlement Agreement; and

6.   That the Petitioners name be restored to Mary Ellen Carter as set forth in said Marital Settlement Agreement.

Signed and entered this 6th day of July, 2004


   ________________________________________
   Presiding Judge

Approved as to form and content:


   ______________________________
   Mary Ellen Smith, Petitioner


   ______________________________
   John William Smith, Respondent




Final Judgment of Divorce
Form



The Final Judgment of Divorce form begins on the following page. Use it in conjunction with the state-specific information supplied with this packet.  Fill out the requested information and then print out a final copy for dating and signature.

If you have further questions regarding the use of this form or divorce in your state, visit you states legislative site (a link is provided on the first page of this packet) or contact an attorney.

In the Circuit Court for    ___________ County, Alabama


In re: The Marriage of:             )
                     )
   _______________________,         )
   Plaintiff               )
and                     )      Case #: ____________ 
   _______________________,         )          
    Defendant                  )         
                     )
   And in the interest of:            )
   _______________________         )
            _______________________.         )
                           
JUDGMENT OF DIVORCE   

On the _______    day of ___________, 20___   , a final hearing was held in this cause.

The Plaintiff was present, in person.

The Defendant waived issuance, service, and return of process and appeared generally by an Appearance, Consent and Waiver duly filed and did not otherwise appear.

The Court, having examined the verified pleadings and heard the evidence and being fully advised finds:

1.     That all necessary residency requirements and prerequisites of law have been legally satisfied;

2.     That this Court has personal jurisdiction of the parties and of the subject matter;
3.     That all of the material allegations contained in the Complaint are true; and

4.     That the parties have voluntarily waived findings of fact, conclusions of law, a record of testimony, motion for a new trial, notice of entry of final Judgment, and right to appeal, but have not waived their rights to future modification of this Judgment.

THE COURT ORDERS, ADJUDGES, AND DECREES:

1.     That the marriage of the Plaintiff and the Defendant is hereby dissolved and that they are hereby divorced;

2.     That all of the terms and provisions of the Marital Settlement Agreement between the parties and dated the ______day of ______________, 20___,   which is attached and incorporated by reference, are hereby approved and incorporated, merged into, and made part of this court order, and the parties are ordered to comply with all terms and conditions of said Marital Settlement Agreement, but that it shall survive this order;

3.     That the parties property and obligations shall be distributed and apportioned according to the terms and conditions of said Marital Settlement Agreement;

4.     That alimony and maintenance shall be as set forth in said Marital Settlement Agreement;

5.     That the custody, visitation, care, and support of the parties children shall be as set forth in said Marital Settlement Agreement; and

6.     That the Plaintiffs / Defendants name be restored to    _____________________ as set forth in said Marital Settlement Agreement.

Signed and entered this    ________ day of ____________, 20____.


___________________________________________
Presiding Judge



Approved as to form and content:


___________________________________________
Signature of Plaintiff

___________________________________________
Printed Name of Plaintiff


___________________________________________
Signature of Defendant

___________________________________________
Printed Name of Defendant


Number of Pages0
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#29480
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Customer Reviews

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Reviews: 2


Clinton,

MS

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For someone filing for an uncontested divorce, with no dependent children, these forms do the trick nicely. They are easy to fill out once you get them saved to your computer. Pay attention to the instructions on the home site for download information. Much better than paying a lawyer to simply fill out forms... If, both parties agree and can work on the details together.


Houston,

TX

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Every thing went great and I think you all for the help and support and again. Thanks a lot


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