Reviewed by Itamar Levy, Esq.
A divorce decree, also known as a final judgment, is signed by a judge at the conclusion of your divorce. Since this is the official document that makes your divorce legal, it is important that you have a copy of it in safekeeping. But also, it will be essential proof in any post-judgment issues that arise. Continue reading to learn what situations this document will be handy for and how an experienced Long Island divorce lawyer at Barrows Levy PLLC can further help you in these regards.
In Which Cases Do I Need a Copy of My Divorce Decree?
If you wish to reassume your maiden name at the finalization of your divorce, a copy of your divorce decree will allow you to do so. It’s important to understand that you do not have to explain your reasons to a judge. In accordance with Domestic Relations Law § 240-a, every divorce judgment must contain provisions permitting each party to resume a premarriage or other prior last name, so no additional petition or showing of intent is necessary.
Once you are granted the document, you may go to the Social Security office to begin the name-changing process. You will have to do the same at the Department of Motor Vehicles. Your divorce decree will also be needed to obtain an updated passport and credit cards.
Additionally, if you are left with the marital residence following your divorce, you will likely have to refinance the home to remove your former spouse’s name and obligation from the mortgage. To do so, mortgage lenders will ask for a copy of your divorce decree, and also possibly your Marital Settlement Agreement to prove if any specific terms must be met prior to approving your loan.
And lastly, if you decide to remarry, a copy of your divorce decree will be needed when you apply for your new marriage license. In the state of New York, bigamy, or being legally married to more than one person at the same time, is illegal. So, this document serves as proof that you are truly divorced and not just separated from your former spouse.
How Do I Obtain a Copy of My Divorce Decree?
New York keeps two different documents, and which one you need ultimately determines where you need to go. The divorce decree is prepared by the court and filed with the county clerk in the county where the divorce was granted, which is usually the county where the plaintiff resided rather than where you currently reside. You can contact that county clerk for a certified copy, though you should confirm its requirements first because each county determines its own process.
The other document is the divorce certificate. This is held by the State Department of Health (for divorces granted on or after January 1, 1963) and only shows basic information about the spouse and the location where the marriage ended. To order one from the Department, your application must be submitted with a driver’s license, state-issued non-driver photo-ID card, passport, or U.S. military-issued photo-ID. Or, a utility/telephone bill and a letter from a government agency dated within the last six months will suffice.
What Other Records Should You Keep?
It’s important to understand that a divorce decree is not the only paperwork that you should hold on to. Other documents you should retain include:
- A record of every support payment: You should keep a log of every payment, including who paid, the date on which the payment was submitted, and the amount. In the event your former spouse stops making payments, this record can support an enforcement application.
- Your marriage certificate: It’s important to understand that your divorced spousal benefits are paid from Social Security when the marriage lasted at least ten years, so you may need a record to show how long you and your spouse were married, even decades after your divorce.
- Appraisals and valuations from the distribution of property: This can help determine an asset’s value at the time it was divided.
If you require the services of a skilled Long Island divorce lawyer to help you obtain a copy of your divorce decree, do not hesitate to reach out to our firm today.
Contact Our Experienced New York Firm
Barrows Levy PLLC is a highly experienced New York law firm focused on providing quality legal services to clients in New York City and Long Island. If you need a Long Island lawyer who has significant experience handling family and estate planning matters, contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today.
