This article is a part of our Family Law 101 series.

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What is a Divorce Decree?

A final divorce decree is a legal document, issued at the end of a divorce proceeding by a judge, ending a Virginia marriage and detailing all legal requirements regarding equitable property division, child custody, visitation, child support, and spousal support as needed.

Virginia recognizes two principal methods of granting a divorce: a no-fault, uncontested divorce by deposition or affidavit, or a judge issuing a final divorce decree.

Divorce Laws in Virginia

Several sections of the Code of Virginia address the use of a divorce decree:

  • 20-91. Grounds for divorce from bond of matrimony; contents of decree
  • 20-95. Grounds for divorces from bed and board
  • 20-107.1. Court may decree as to maintenance and support of spouses
  • 20-107.1:1. Court may decree as to maintenance of life insurance policy
  • 20-107.2. Court may decree as to custody and support of children
  • 20-107.3. Court may decree as to property and debts of the parties
  • 20-108. Revision and alteration of such decrees
  • 20-109.1. Affirmation, ratification and incorporation by reference in decree of agreement between parties
  • 20-111. Decree of divorce from bond of matrimony extinguishes contingent property rights
  • 20-114. Recognizance for compliance with order or decree
  • 20-116. Effect of divorce from bed and board and what court may decree
  • 20-118. Prohibition of remarriage pending appeal from divorce decree; certain marriages validated
  • 20-121. Merger of decree for divorce from bed and board with decree for divorce from bond of matrimony
  • 20-121.01. Decree of divorce from bonds of matrimony without decree from bed and board
  • 20-121.2. Validation of absolute divorce granted where no decree from bed and board

Repeatedly, Virginia reinforces a judge’s sweeping power to affect the lives of two people after divorce. Critical issues regarding finances and children of the marriage are always addressed in the Final Order or divorce decree.

What is a Divorce Certificate?

In Virginia, you need a certificate to be born, to marry, and to divorce. Copies of all three of these types of certificates can be retrieved through Virginia’s Office of Vital Records, through the DMV, or through a county’s Office of Vital Records or Department of Public Health.

A Virginia divorce certificate works the same way the marriage certificate does:

  • It lists the names of the two people divorcing
  • It shows the date and location of the divorce

A divorce certificate is not equivalent to a divorce decree. The divorce decree is a legal document issued by a Circuit Court judge, while the certificate is just the government’s way of acknowledging the divorce.

Where Do You Get a Copy of Your Divorce Decree?

Certified copies of divorce decrees can be obtained from county courthouses, as shown with Fairfax County. While having a copy of your divorce certificate is handy but not necessary, having a certified copy of your divorce decree is vital.

Beware online scams that charge for a copy of a divorce decree. Throughout Virginia, the first copy of the final divorce decree is free to each party, by order of Virginia Code § 17.1-275 (“However, there shall be no charge to the recipient of a final order or decree to send an attested copy to such party.”) Additional copies are only $3 and can be accessed through every county’s court clerk office.

What is in a Divorce Decree?

The Circuit Court judge’s Final Order for divorce will include these features:

  • Identification of both parties to the divorce, case number, current residence, date of birth (to verify that both spouses are adults), and legal names
  • Identification of children of the marriage, if applicable
  • Stipulations showing compliance with Virginia law, the method of serving notice to the parties, and the type of divorce (divorce from bed and board, or divorce from bonds of matrimony)
  • Property settlement agreement if the divorce is no-fault or uncontested; the judge’s ruling on property settlement if the divorce is contested
  • A ruling on spousal support

If minor children are involved, the decree will also include:

  • A schedule of parenting time (visitation)
  • A ruling on child custody
  • A ruling on child support payments

Two Types of Divorce in Virginia

As we mentioned in the beginning, Virginia provides two broad avenues for divorce:

  1. Divorce by deposition and affidavit
  2. Divorce by final decree

You and your spouse may have no energy or money for a contested divorce. You could be drained financially and emotionally, so an uncontested, no-fault divorce will work for you. Such as divorce can be handled by deposition or affidavit. You and your divorcing spouse have to agree on everything, including the five key elements of divorce:

  1. Equitable property division
  2. Child custody
  3. Parenting time (visitation)
  4. Child support
  5. Spousal support

With a divorce through paperwork (by depositions and affidavits), you and your spouse never see a courtroom. You never have a hearing. A Virginia Circuit Court judge signs off on the details you and your divorcing spouse have put in the marital agreement, an agreement to no longer be married. No court time, no witnesses, no presentation of evidence; a no-fault, uncontested divorce is relatively inexpensive and fast. The two parties write the agreement and the judge signs it. Done. You are divorced.

In any other circumstance — with any disagreement between parties, any requirement for a judge to determine any part of the divorce, any presentation of witnesses or evidence — the judge must issue a Final Order of divorce, which is a divorce decree.

The waiting period for a judge to sign off on a marital agreement can be as little as a week or as long as a month in most cases. The waiting period for a divorce decree can be easily twice as long.

What Do I Do With My Final Divorce Decree?

We mentioned earlier that a decree is not a certificate of divorce. The decree is your passport to resuming a normal life after divorce, because you must show it for:

The Firm For Men is thoroughly versed in the value of a divorce decree, the difference between a decree and a certificate, and the necessary elements a judge needs to produce the divorce decree. Contact us today or telephone us at (757) 383-9184 to set up your initial consultation.