Arons & Solomon Divorce Lawyers | January 14, 2025 | Divorce
A divorce decree is a legal document issued by the court that finalizes your divorce. It outlines the rights and obligations of both parties and serves as the official record of your divorce agreement. In New Jersey, the divorce decree includes critical details about child custody, property division, and financial responsibilities.
Understanding the components of a divorce decree is important because it will govern your post-divorce life. Whether you’re navigating custody arrangements or fulfilling financial obligations, your divorce decree serves as the binding document that both parties must follow.
Key Elements of a Divorce Decree
While every divorce is unique, divorce decrees in New Jersey typically cover the following areas:
Child Custody and Parenting Time
If you have children, your divorce decree will specify the custody arrangement. This includes whether one parent has sole custody or if the parents share joint custody. The decree will also outline parenting time, detailing when each parent will have the children.
In addition, the decree may include:
- Provisions for decision-making responsibilities
- Holiday and vacation schedules
- Rules for resolving disputes between parents
The decree ensures both parents understand their roles and responsibilities regarding their children.
Child Support
Child support payments are an essential part of many divorce decrees. In New Jersey, child support is calculated using state guidelines that take into account factors such as:
- Each parent’s income
- The number of children involved
- The cost of health insurance and childcare
The decree will state the amount of child support to be paid, the frequency of payments, and how they should be made.
Spousal Support (Alimony)
If spousal support is awarded, the decree will detail the payment terms. This includes the amount, frequency, and duration of payments.
New Jersey courts consider factors like the length of the marriage, each party’s income, and the standard of living during the marriage when determining spousal support.
Division of Property and Debts
The decree will specify how marital assets and debts are divided. New Jersey follows an “equitable distribution” approach, meaning the division is fair but not necessarily equal.
This section of the decree typically addresses the following:
- The family home and other real property
- Bank accounts, retirement accounts, and investments
- Vehicles and personal property
- Marital debts, such as credit card balances and loans
Each divorce decree is unique, based on the facts and circumstances of the case.
Why a Divorce Decree Is Important
Your divorce decree is legally binding, which means both parties are required to follow its terms. If one party fails to comply — such as by missing support payments or not adhering to custody arrangements — the other party can seek enforcement through the court.
Additionally, the decree provides clarity and structure, helping both parties understand their rights and responsibilities. It’s a key document for protecting your interests and ensuring a smooth transition after the divorce.
Modifying a Divorce Decree
Circumstances can change; when they do, you may need to modify your divorce decree. Common reasons for modification include:
- A significant change in income for either party
- Relocation of one parent
- Changes in a child’s needs or circumstances
In New Jersey, you must demonstrate a substantial change in circumstances to request a modification. It’s essential to go through the legal process to modify a decree rather than making informal changes, as only court-approved modifications are enforceable.
Contact the Bergen County Family and Divorce Law Firm of Arons & Solomon Divorce Lawyers for more help
Contact the experienced family attorneys at Arons & Solomon Divorce Lawyers today for legal assistance. Visit our law office in Bergen County or give us a call at (201) 487-1199 to schedule a free consultation with our team.
Bergen County Law Office
1 University Plaza Dr #400, Hackensack, NJ 07601, United States