A divorce case is concluded when the court issues its Order granting the divorce
and ruling on all the issues. This final Order is a Decree, or a Judgment and Decree. Please see specific state for details and/or
differences.
ALABAMA
| ALASKA | ARIZONA | ARKANSAS
| CALIFORNIA | COLORADO
| CONNECTICUT | DELAWARE
| FLORIDA
GEORGIA | HAWAII | IDAHO
| ILLINOIS | INDIANA | IOWA
| KANSAS | KENTUCKY | LOUISIANA
| MAINE | MARYLAND
MASSACHUSETTS | MICHIGAN
| MINNESOTA | MISSISSIPPI
| MISSOURI | MONTANA | NEBRASKA
| NEVADA
NEW HAMPSHIRE | NEW
JERSEY | NEW MEXICO | NEW
YORK | NORTH CAROLINA | NORTH
DAKOTA | OHIO
OKLAHOMA | OREGON | PENNSYLVANIA
| RHODE ISLAND | SOUTH
CAROLINA | SOUTH DAKOTA | TENNESSEE
TEXAS | UTAH | VERMONT
| VIRGINIA | WASHINGTON
| WEST VIRGINIA | WISCONSIN
| WYOMING
ALABAMA
In ordering the judgment of divorce, the court shall also decide and include in the
judgment whether the party against whom the judgment of divorce is being made is
permitted to marry again. If the judgment of divorce does not prohibit a party from
remarrying, then the party shall be deemed to have the right to re-marry. In cases where
the judgment of divorce included that the divorced party did not have the right to remarry,
then the court may, upon motion and proper proof, allow the moving party to
marry again, as justice may seem to require.
Alabama Code 30-2-8.
When a judgment has been entered granting a divorce, the court shall order that
neither party shall again marry except to each other, until sixty days after the judgment is
entered.
Alabama Code 30-2-10.
ALASKA
A divorce case is concluded when the court issues its judgment granting the
divorce and ruling on all the issues. This final order is a Judgment of Divorce or a
Judgment and Decree. The effect of a judgment decreeing a divorce is to restore the
parties to the state of unmarried persons.
AS 25.24.180.
ARIZONA
A Decree of Dissolution is final when entered into the court records.
ARS �25-325.
The court shall not grant a Decree of Dissolution until at least 60 days after the
date the Summons and Petition were served.
ARS �25-329.
Arizona law provides for a separate proceeding whereby one of the parties can
request that the court order counseling in an attempt for reconciliation of the marriage. A
spouse alleges in a Petition for Conciliation that a controversy exists between the
spouses, and the Petitioner is seeking the aid of the conciliation court to try and reconcile
the marriage or settle the controversy. If a spouse has filed a Petition seeking
conciliation under this procedure, neither spouse shall commence an Action for
Dissolution, or proceed with a pending Action for Dissolution, for a period of 60 days
after the filing of the Petition for Conciliation. The court shall not enter a Decree of
Dissolution unless it makes a finding that the conciliation procedure either does not apply
or has been taken care of.
ARS �25-312; ARS �25-381.01 to 25-381.21.
ARKANSAS
Unless the parties have been living separate and apart for at least 12 months
prior to filing of the complaint, no divorce decree shall be entered by the court until at
least 30 days after the divorce complaint was filed. This is not subject to waiver by the
parties.
Ark. stat. Ann. 9-12-310.
CALIFORNIA
In a proceeding for dissolution of marriage, California allows the court to sever
and grant an early and separate trial on the issue of the dissolution of the status of the
marriage, apart from all other issues. A judgment granting a dissolution of the status of
the marriage shall expressly reserve jurisdiction for later determination of all other
pending issues.
Cal. Fam. Code �2337.
COLORADO
CRSA 14-10-120.
CONNECTICUT
In entering a decree of dissolution, the court may either set forth the grounds
upon which the decree is based or dissolve the marriage on the basis of irretrievable
breakdown of the marriage. C.G.S.A. �46b-51.
Before the court renders any decree involving custody of a minor child, an
Affidavit shall be filed with the court stating that there is no other custody proceeding
pending in any other court. �476, Superior Court Rules.
DELAWARE
A decree granting a Petition for Divorce is final upon entry, subject to the right of
appeal. Certified copies of a divorce decree entered in a contested proceeding shall not
be made available to the parties earlier than the 31st day after entry, and only then after
the clerk of court has received a letter by Petitioner or Petitioner�s attorney that no
proceedings are pending in the court or on appeal challenging the decree.
13 DCA �1518 and Rule 104.2, Family Court Civil Rules. FLORIDA
A dissolution case is concluded when the court issues its Order granting the
divorce and ruling on all the issues. The final Order is the court�s Order for judgment of
dissolution. The final judgment for dissolution of marriage may not be entered until at
least 20 days have elapsed from the time of filing the original Petition.
FSA �61.19. GEORGIA
The form of the final Judgment and Decree shall be substantially the same as the
form suggested in the Georgia statutes.
GC �19-5-112. HAWAII
The Divorce Decree shall be signed by the judge and filed and entered into the
record by the clerk of Family Court. The effective date of the divorce is from and after
such time as may be fixed by the court in the Decree. Such time shall not be more than
one month after the date of the Decree.
HRS �580-45 and Rule 54, Hawaii Family Court Rules. IDAHO
IC �32-602. ILLINOIS
A judgment of dissolution of marriage or a legal separation is final when entered,
subject to the right of appeal. An appeal from the judgment of dissolution of marriage
does not delay the finality of the provision of the judgment which dissolves the marriage.
750 ILCS 5/413. INDIANA
A dissolution case is concluded when the court issues its Order granting the
divorce and ruling on all the issues. This final Order is a Decree or a Judgment and
Decree. A dissolution decree shall become final when entered into the records by the
clerk of court.
AIC �31-1-11.5-2 and 11.5-9. IOWA
None KANSAS
KSA �60-1606. KENTUCKY
None LOUISIANA
CC Art. 102 and 103. MAINE
If the final divorce decree disposes of real estate, the decree shall name the party
responsible for preparing and recording the divorce decree and paying the recording fee.
The decree may name different parties to be responsible for different parcels.
19 MRSA �722-A. MARYLAND
The court may not issue a final Decree of Divorce unless there has been
testimony taken. In an uncontested case, testimony shall be taken before an examiner
or master unless the court directs otherwise. This is true even if the divorce Decree is
being entered after the default by Defendant. The testimony of Plaintiff as to residence
grounds must be corroborated by a witness. If a witness is not available for testimony
before an examiner, an Order of the Court may be obtained to authorize the taking of
such testimony before some other person for use as evidence.
Rules S73 and S75, Maryland Rules. MASSACHUSETTS
In Massachusetts, the judgments of divorce shall at first be �judgments nisi.� This
means that the judgment is entered, subject to the right of either party to object for good
cause. The judgment shall become �absolute� after the expiration of 90 days from the
original entry of judgment, unless the court within the 90 days orders otherwise, based
upon good cause and upon motion of either party. Until the expiration of 90 days from
the entry of judgment nisi, the court retains jurisdiction to award attorney fees or make
any other relief appropriate under the circumstances and for good cause shown. The
parties are not divorced until the judgment becomes absolute.
ALM 208 �21. MICHIGAN
A judgment of divorce in Michigan must include: 1) a determination of all rights
of the wife in and to the proceeds of any policy or contract of life insurance or annuity
upon the life of the husband, and the decree must include a provision that alimony or
property is being awarded to the wife in place of the dower of the wife; and 2) a
determination of the rights of the parties in pension and retirement benefits; 3) a
determination of the property rights of the parties; and 4) a provision reserving or
denying alimony, if alimony is not granted. A judgment that is solid with regard to
alimony is the equivalent of reserving it. When a judgment is obtained for temporary or
permanent child support or alimony, the prevailing party must immediately deliver one
copy to the court clerk. The clerk must write or stamp �true copy� on the judgment and
file it with the friend of the court.
Rule 3.211, Michigan Court Rules. MINNESOTA
None MISSISSIPPI
In the discretion of the court, the judgment may provide that a party shall not be
at liberty to marry again if the divorce was granted on the ground of the adultery of that
party. In such a case, the party is considered a married person for all legal purposes.
However, after one year the court may remove the disability and permit the person to
marry again, on petition and satisfactory evidence of reformation or for good cause
shown.
MC 93-5-25 and 93-5-27. MISSOURI
VAMS �452.300. MONTANA
A dissolution case is concluded when the court issues its Order granting the
divorce and ruling on all the issues of the marriage. This final Order is a Decree, or a
Judgment and Decree. A decree of Dissolution of marriage is final when entered into
district court records. The clerk of court shall give notice of the entry of a decree of
dissolution to the clerk of the district court of the Montana county where the marriage
was registered, so that clerk may enter the fact of dissolution in the book in which the
marriage license and certificate were recorded. If the marriage was registered in another
jurisdiction, then the clerk shall give notice of entry to the appropriate official of that
jurisdiction and request that the appropriate official enter the fact of dissolution in the
appropriate record.
MCA 40-4-108. NEBRASKA
A decree dissolving a marriage becomes final 30 days after the decree is
rendered. However, for purposes of remarriage, a decree dissolving a marriage
becomes final six months after the decree is rendered, or on the date of death of one of
the parties to the dissolution, whichever occurs first. The parties remain legally married
during this six-month waiting period. For the purposes of continuation of health
insurance coverage, a decree dissolving a marriage becomes final six months after the
decree is rendered. Reissued Revised Statutes 42-372 and 42-372.01. NEVADA
NRS 125.130. NEW HAMPSHIRE
RSA 458:7 and 7-a. NEW JERSEY
NJSA 2A:34-18. NEW MEXICO
None NEW YORK
None NORTH CAROLINA
GS 50-11. NORTH DAKOTA
NDCC �14-05-01. OHIO
ORC 3105.10 and 3105.65. OKLAHOMA
A divorce granted at the request of one party shall operate as a dissolution of the
marriage contract as to both parties. A party can be charged with the crime of bigamy if
they remarry within six months from the date of the divorce decree. If there is an appeal
from the divorce decree, it is unlawful for either party to marry any other person and
cohabit with such person in Oklahoma until at least 30 days after the date on which the
Appellate Court renders a final judgment pursuant to the appeal. Any person violating
the provisions of this law by marrying within six months after the divorce decree shall be
deemed guilty of bigamy. Any person violating the provisions of this law by cohabitation
shall be deemed guilty of adultery. If either party remarries prior to the expiration of six
months after the divorce decree, such marriage can be annulled.
43 Okl.St.Ann. �122-127. OREGON
A divorce case is concluded when the court issues its Order granting the divorce
and ruling on all the issues. This final Order is a Decree, or a Judgment and Decree.
The dissolution decree shall specify the date on which the decree becomes final for the
purpose of terminating the marriage relationship of the parties. Such date shall be no
sooner than 30 days after the date of the decree. If the dissolution involves minor
children, the decree must provide for 1) custody, visitation, and child support; 2) payment
of uninsured medical expenses of the child; 3) life insurance or other security for child
support; and 4) health insurance for the child. The decree must also contain a notice
informing both parents that child support and visitation terms are designed for the benefit
of the child. Child support must be paid even if that parent is not receiving visitation per
the decree; and visitation must be complied with, even if child support is not being paid.
Either party may apply to the court for appropriate relief if child support or visitation is not
being complied with. ORS 107.106 and 107.115. PENNSYLVANIA
A decree granting a divorce shall include, after a full hearing, where these
matters are raised in any pleadings by the parties, in order, determining and disposing of
all property rights and interest between the parties, custody, partial custody, visitation,
child support, alimony, reasonable attorney fees and costs, and any other related matter,
including the enforcement of agreements voluntarily entered into between the parties.
23 Pa.C.S.A. � 3323. RHODE ISLAND
After the final decree of divorce, either party may remarry. However, no divorce
decree shall become final and operative until three months after the trial and decision.
Then, the final Decree from the bond of marriage may be entered ex parte, upon request
of the prevailing party, at any time within 30 days after the expiration of three months
after the date of the decision. After the expiration of the 30 days, final Decrees may be
entered only in open court and on motion of a party. Notice of the filing of the motion is
not required if Defendant never answered the original Summons and Complaint.
GLRI 15-5-23. SOUTH CAROLINA
The divorce decree shall set forth the specific findings of fact and conclusions of
law to support the court�s decision. Except under exceptional circumstances, an order in
a divorce case shall be issued as soon as possible after the hearing, but not later than
30 days after the hearing. Rule 26, South Carolina Court Rules.
South Carolina law provides for a �cooling off.� A final divorce decree may not be
granted until three months after the Complaint has been filed with the clerk of Family
Court. However, if the ground for the divorce is that the parties have been separated for
over one year, the final hearing may be held and a decree issued at any time after the
responsive pleadings have been filed or after the Defendant is determined to be in
default.
1976 Code �20-3-80. SOUTH DAKOTA
S.D.C.L. 25-4-1. TENNESSEE
When the court issues its Decree dissolving the marriage, the parties are
unconditionally free to marry again. TCA �36-4-119 and �36-4-124. TEXAS
A divorce case is concluded when the court issues its Order granting the divorce
and ruling on all the issues. This final Order is a Decree, or a Judgment and Decree.
Neither party to a divorce may marry a third party for a period of thirty days after the date
of the divorce decree. However, for good cause shown, the waiting period may be
waived as to either or both parties, by court order. V.T.C.A., Family Code �3.66.
If the Respondent has signed a waiver of service of the Citation and Petition for
Divorce, the District Court clerk shall mail a certified copy of the final divorce decree to
the Respondent.
Rule 119a, Texas Rules of Civil Procedure. UTAH
No hearing to request a divorce decree shall be held until 90 days have elapsed
from the filing of the Complaint. The 90-day period shall not apply in any case where
both parties have completed the mandatory educational course for divorcing parents or
the mediation requirement.
UCA 30-3-18.
Neither party to a divorce proceeding may remarry until the divorce becomes
absolute. If an appeal is taken, the divorce is not absolute until after the decree is
affirmed. The divorce decree becomes absolute 1) on the day it is signed by the court
and entered by the clerk in the register if both the parities have completed attendance at
the mandatory course for divorcing parents, unless the court waives the requirement; or
2) at the expiration of a period of time the court may specifically designate; or 3) when
the court, before the decree becomes absolute, for sufficient cause, orders otherwise.
The court, upon application or on its own motion for good cause shown, may waive,
alter, or extend a designated period of time before the decree becomes absolute, but not
to exceed six months after the signing and entering of the decree.
UCA 30-3-7 and 30-3-8. VERMONT
The court�s divorce decree is at first an interim decree - called a decree nisi - and
shall become absolute at the end of three months after entry of the court�s decree.
However, in its discretion, the court which grants the divorce may state an earlier date
upon which the decree shall become absolute. During the �nisi period� - the time
between the court�s first entry of the divorce decree and the time the decree becomes
absolute - either party may file any post-trial motions for modification or amendment to
the decree as may be available pursuant to the Vermont Rules of Civil Procedure.
15 VSA Section 554. VIRGINIA
None WASHINGTON
RCW �26.09.010. WEST VIRGINIA
WV Code �48-2-30. WISCONSIN
None WYOMING
W.S. 20-2-108. |
