Who prepares the Divorce Decree?
The Petitioner prepares the Decree for signature by
the judge or commissioner. When preparing the Decree, it is important to repeat
as closely as possible what was requested in the Petition. When a case ends by
default, the court generally cannot issue orders that differ from what the
Petition originally requested. (For example, if the Petition does not ask for
financial support for a spouse, the Decree cannot order that the Respondent pay
support.) The Decree should deal with all property, debt, support and
child-related issues. It is likely that the judge or commissioner will not sign
the Decree if different or additional things are requested. The Petition, then,
must be as specific and complete as possible when it is filed.
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