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Is a divorce done when you walk out of the court room or when the judge signs it and its filed

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mom388

Asked by mom388 at 10:50 AM on Feb. 3, 2009 in Politics & Current Events

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Answers (8)
  • Any issues you had and fought about like assets, kids or property are done when you walk out. There should be no reason to go back in. BUT legally no you arent divorced until the judge signs the order. You cant get married, change your name etc until you have the order in your hands signed by the judge.
    gemgem

    Answer by gemgem at 10:52 AM on Feb. 3, 2009

  • Divorce is done when it's filed, and you have your paperwork. Everything else can be taken back to court and fought about until the end of days.
    Buffie95

    Answer by Buffie95 at 11:04 AM on Feb. 3, 2009

  • it has to be signed by the judge and filed before it is legal..
    mrssundin

    Answer by mrssundin at 11:05 AM on Feb. 3, 2009

  • Divorce is "final" when papers are signed by a judge and filed in the courthouse records. To change any portion of the divorce decree could, at anytime, be brought back up in the court, in front of the judge, for any reason until the fat lady sings.......! However, you are considered divorced when the judge signs your divorce decree and it's filed in the court records.
    blessed5x

    Answer by blessed5x at 11:08 AM on Feb. 3, 2009

  • Has to be signed and filed to be legal, however, depending on your circumstances, that could be when you walk out of the courtroom. With my divorce, we filed a marital settlement agreement, where we stated who was keeping what possessions, splitting assets and debts, child custody, etc., so there was nothing to argue over. So, at our final hearing, they had the final divorce judgment prepared already, the hearing was almost just a formality to make sure we hadn't changed our minds or nothing else had come up. The judge signed it, had her clerk take it downstairs and file and get it certified and brought our copies back to us while we waited. So, when I walked out, it was legal.
    tropicalmama

    Answer by tropicalmama at 11:09 AM on Feb. 3, 2009

  • You should receive a paper from your attorney when you are "free"
    lovinangels

    Answer by lovinangels at 11:37 AM on Feb. 3, 2009

  • It may depend on your state. In my case, the judge stamped it after about a 30 second hearing...no kidding. My lawyer walked me out and said it was over. I asked about a waiting period and was told I could re-mary that day if I wanted to (not that I wanted to but I was engaged, thinking my ex had handled the divorce only to find he didn't finish filing).
    NorahSethsMommy

    Answer by NorahSethsMommy at 11:50 AM on Feb. 3, 2009

  • I received the papers the same day of the court date. After the hearing, we waited about 20 min. & the clerk came out & handed us our signed copies. That was that.
    Anonymous

    Answer by Anonymous at 12:02 PM on Feb. 3, 2009

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