What Makes A Divorce Decree Invalid?
A final divorce decree signifies the end of a long and emotional divorce process for many. The decree will outline the final terms of the divorce. Such things as child support, child custody, spousal support, and property division will undoubtedly be included. While a divorce decree may never be invalid, let’s take a look at a few scenarios where it can be modified.
What Is A Divorce Decree?
A lot of divorce decrees are comprehensive and includes all of the jointly agreed information in your divorce, like who is responsible for obtaining health and life insurance, whether the wife may take her maiden name again, and the way you will split up your debt.
Only the courts can issue divorce decrees. You get it when your case concludes. If your case went to trial, the divorce decree will signify the conditions of the judge’s decision and acts as a judgment that both parties are required to follow.
If you did not head to trial but, instead settled your case, the divorce decree will include the conditions of the settlement. The decree continues to act as a final judgment, but both of you have settled upon the conditions of your own divorce devoid of the court’s input.
Having you case settled takes the decision out of the control of the judge as long as the decision is not implausible or biased. If it is biased, the judge will typically step in to assist you in working out the conditions of your settlement.
Why Would A Divorce Decree Be Invalid?
A divorce decree must be signed off on by a judge, meaning it cannot be invalid. However, there are a few cases where you can petition to either have the decree modified or the judgement vacated.
Lack Of Due Process
A fundamental right, due process, ensures all individuals are treated fairly according to the law. During the process of a divorce, both spouses need to be aware of the proceedings and given the opportunity to present their cases.
For example, if you were served improperly with divorce papers, you may file a motion with the court to vacate. You can also file a motion to set aside the judgement if you were not allowed to argue your case. This motion essentially requests the court to nullify the divorce decree and reopen the case.
The judge will then need you to provide evidence and arguments to back your case, proving why the decree should be thrown out.
Can A Divorce Decree Be Voided?
As mentioned, you can have a divorce decree modified when certain conditions are met. This is the case even though there is no “invalid divorce decree”. A divorce decree is a legal document that undoubtedly carries significant weight, so courts tend to uphold the finality of these judgements.
Here is a quick look at some scenarios under which a judge may consider modifying the decree:
- Mistakes or errors: Some errors or mistakes within the decree can affect the divorce terms. This can include anything from miscalculations to clerical errors. In the event a significant mistake is made, the parties may be able to seek a modification.
- Fraud or misrepresentation: Typically, fraud or misrepresentation calls for modifications to be made. This can include hiding assets, attempting to deceive the court, and providing false information.
- Duress or coercion: If one spouse was either forced or coerced into agreeing to a settlement, it is possible for he or she to request a modification.
How To Modify A Divorce Decree
Always start by contacting an experienced family law attorney if you wish to alter your divorce decree. Depending on the issues involved in your case, your attorney may ultimately recommend one of the following options:
- File an appeal: This is a request to a higher court to review a decision and determine whether there are any issues with that particular ruling. At this time, parties are required prove that they made a significant error during the proceedings.
- Negotiation: You may be able to negotiate terms outside of court if both spouses agree the decree should be modified. Start this process by petitioning to have the prior decree modified, take the new agreement to court, and ask the judge for approval.
How To Obtain A Copy Of Your Divorce Decree
When you want a certifiable copy of the divorce decree months or even years following your divorce, you can typically obtain it in the county clerk’s office at your courthouse. A number of states have divorce decrees in the office of the county clerk, so you’ll need to confirm with your state.
Often only individuals who were involved in the divorce, or their attorneys, may pick up the divorce decree.
Source:
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- “Divorce Decree Invalid” Retrieved on August 13, 2025 from https://www.smithfamilylawfirm.com/legal-insights/invalid-divorce-decree/
Ogborne Law, PLC In Scottsdale, AZ
Discussions about child custody issues are always difficult during a divorce. While there is no way to make them easy or comfortable, you can find ways to work together. The collaborative divorce process helps with tools and professionals to make child custody and other decisions a little more manageable. By working together as a team, you’re able to make the decisions that are best for the kids.
Collaborative divorce can make these challenging times more manageable. It requires you to work with your spouse at a time when you have decided you need to go your separate ways. When it comes to child custody, though, you want to do all you can to make the right parenting decisions. Collaborative divorce can help create pathways for you to cooperate. If you live in the Phoenix/Scottsdale area and want to learn more about collaborative divorce, contact Ogborne Law today.
