Even though a divorce is the last thing that any person expects when they enter into nuptials, the reality is that divorces occur regularly throughout Pennsylvania. In most situations, a final divorce decree is just that – final. But can any part of a divorce be reversed? Here, we want to discuss what a final divorce decree is and examine whether or not any parts of the decree can be changed.
What is a Final Divorce Decree?
If you have been through a divorce or are currently going through one, then you know this process can be long and complicated. The final divorce decree is the last step in the process. In a final decree, there will be important information related to the court’s decision pertaining to your divorce.
A divorce certificate is different from a divorce decree, and you need to know this. Divorce certificates are solely for the purpose of record-keeping and are issued by the Commonwealth of Pennsylvania. A divorce decree, however, is an enforceable court order. The divorce decree will come down after a divorce trial or after both parties reach a settlement and the settlement is submitted to the court.
Divorce decrees are final. They are legally binding.
When Does the Divorce Become Final?
The divorce decree will become final after all issues have been settled between the two parties. If the divorce went to trial, the divorce decree would be handed down after the judge considers testimony and evidence in the case. If there is no trial and the parties agree to a settlement, the divorce decree will come after the written settlement is sent to the court. Most of the time, individuals receive their divorce decree shortly after it has been signed. The decree will be mailed to the individual party’s attorneys.
Can Divorce Decrees be Reversed?
Even though the divorce decree is typically the final say in everything that goes on after the divorce occurs, there are some situations where a final divorce decree could be reversed. However, this depends on specific situations.
There are various reasons why individuals may want to change a final divorce decree. This could include reconciliation between the two parties. If both parties decide that they do not want to be divorced and decide to remarry, this is obviously a reason to reverse the divorce decree.
What is more likely to occur, however, is one or both parties want to reverse the divorce decree because they do not like the trial judgment. This is most likely to happen in situations where the divorce went to trial and was not settled.
Usually, getting a divorce decree reversed is not possible, even if both parties agree to it. Individuals can appeal certain decisions of the court, including alimony, child support, and property division. However, this cannot be on the basis that an individual thinks the judgment is “unfair.” In order to reverse a divorce decree, there will have to be compelling legal reasons to do so. We strongly suggest that you work with a skilled family law attorney who has extensive experience handling these complicated issues. An attorney can examine the facts of your original divorce case and divorce decree to help you make the best decisions moving forward with your case.