A divorce decree is a legal document signed by the judge that officially terminates the marriage. The divorce decree typically includes the judge’s ruling on all matters related to the marriage and any minor children—including division of marital or community property, payment of marital or community debts, spousal support, child custody, child visitation, child support, any obligation to provide health insurance for minor children, and the payment of extracurricular expenses for minor children.
These determinations or rulings set forth in the divorce decree become legally enforceable obligations when the judge signs the divorce decree—and may be enforced by further legal action in the court if one or both of the former spouses fail to comply with the terms of the divorce decree.
In New York, a divorce decree is the final judgment in a divorce proceeding, which legally ends the marriage. This document is issued by a judge and includes all the terms of the divorce, such as the division of marital property and debts, alimony (also known as spousal support or maintenance), and if applicable, matters concerning child custody, visitation rights, child support, health insurance for children, and payment for children's extracurricular activities. Once the judge signs the divorce decree, the terms are legally binding and enforceable. If either party fails to comply with the terms of the decree, the other party can take legal action to enforce the order. This may involve returning to court to seek enforcement or modification of the original terms if circumstances have changed significantly. New York courts use equitable distribution to divide marital property, meaning the division is based on what is fair, though not necessarily equal. Child custody and support are determined based on the best interests of the child.