by Caryn S. Lennon, JD

In The Emotional Divorce we discussed the importance of the emotional stage of the divorce process. In The Financial Divorce we discussed how to deal with the financial issues, which should come after the emotional issues have been resolved. The financial decisions are then incorporated into an agreement along with parenting plans and details on issues such as insurance, taxes and debts. This agreement (which could be titled Property Settlement Agreement, Marital Settlement Agreement or Separation Agreement) is a private contract between husband and wife. It is legally binding on both spouses and enforceable like any other contract. The agreement makes the separation of the parties official, but it does not end the marriage. There is one more step to take: the legal divorce.

Marriage is a legal relationship and the end of a marriage must have the approval of a legal authority. A court in the state in which the spouses reside has the power to declare that the marriage is over. To give this approval the judge in that court must be satisfied that there are grounds for the divorce and that all the legal requirements have been met.

When a couple has worked out an agreement and put it in writing, that agreement must be submitted to the judge along with the petition for divorce. The judge will review the agreement and the petition to determine whether the spouses have included all the necessary provisions. For example, when there are minor children there must be a provision for child support and a custody plan. There should also be an explanation of how the couple divided their marital property, and whether or not there will be any spousal support.

If the paperwork is in order, the judge will sign the order ending the marriage (which could be titled Final Decree of Divorce, or something similar). Is the marriage over? Not yet. All states have a process by which parties can challenge orders of a court. A challenge is called an appeal and must be filed with the court within a set period of time (often 30 or 60 days). If no appeal is filed within the allotted time the order becomes truly final and either spouse is then free to remarry.

The legal divorce can be quite complicated and may require the help of an attorney. In some states self-help resources are available at the county courthouse.

© 2004 The Divorce Resource Network, LLC