Phase 7: Judgment for Dissolution or Decree of Divorce

After the judge has made the final rulings on the disputed issues at trial, or if the spouses settle before the judge makes any final rulings, the judge and both attorneys work together on writing up a judgment for dissolution or decree of divorce. This is the final ruling of the court. The judgment confirms the legal dissolution of the marriage.

This judgment may include findings of fact and conclusions of law advising each spouse how the court decided each disputed issue. It advises of division of disputed property, amount and time for payment of spouse or child support, and any other matters not settled by the spouses. Custody of the children usually is given to one spouse, with specified visitation rights given to the non-custodial spouse. Unless either spouse files an appeal to an appellate court quickly (usually ten to thirty days after entry of the judgment), both spouses must abide by whatever the judge has ordered.

Before the judge enters a judgment that may be adverse to your interests, consider seeking a settlement on each of the following matters with your spouse, if possible:

Spouse support. The judge sets the amount of any spouse support after considering many factors such as: the standard of living during the marriage; the duration of the marriage; age and the physical and emotional condition of each spouse; financial resources of each spouse (including the marital and non-marital assets given to each person); time necessary to get an education or enough training to find appropriate employment; contribution made by each spouse to the marriage (such as homemaking, child care, education, and career building of the other spouse); and all sources of income available to each spouse. Additional consideration of marital misconduct (adultery, illicit cohabitation, homosexuality, etc.) may occur in some states to limit or even deny the amount of spouse support the errant spouse receives. Thoroughly discuss these matters with an attorney based upon the laws of your state. If your spouse will not agree on the proper application of all these factors, make sure the judge knows all relevant facts by having your lawyer file a post-trial motion if necessary.

Child custody. Child custody decisions under no-fault laws often bring unexpected results. Under the old law, judges usually assumed that mothers are better at child care than fathers. Under no-fault, however, there are no such sex-based presumptions, although gender bias still exists. The law presumes each parent can care for the children without evidence to the contrary. The judge therefore may rely upon recommendations of a court-appointed expert giving an impartial appraisal of custody matters. This expert will look for the most stable environment for the child.

Tax considerations. Awards of cash to even up property distributions or to supplement spouse or child support obligations can have significant tax effects on each spouse. Watch out -- this is a time bomb! The paying spouse will want the payments characterized as spouse support, while the spouse receiving support will want to do the opposite. Support payments deductible by the paying spouse are usually taxable income to the receiving spouse. Each spouse should check with tax advisors and attorneys so all payments are allocated fairly before the judge signs the judgment.