What exactly is a Final Decree of Divorce?

A Final Decree of Divorce is the official court order that legally terminates a marriage. Signed by a judge, this document serves as the final judgment in your divorce case and contains all the terms and conditions that both parties must follow after the divorce. It covers property division, debt allocation, child custody arrangements, visitation schedules, child support, spousal maintenance (if applicable), and any other specific orders related to your case. Once entered by the court, the decree becomes legally binding and enforceable.

How does a Final Decree of Divorce address the division of significant assets?

For couples with substantial assets, the Final Decree of Divorce will contain detailed provisions about property division. It typically includes specific language about how real estate, investment accounts, retirement funds, valuable personal property, and other significant assets will be divided. The decree may order the sale of certain properties with instructions on how proceeds should be split, transfer ownership of specific assets from one spouse to another, or establish trusts or other financial vehicles to manage complex assets. For high-net-worth couples, the decree often references separate property schedules or exhibits that itemize each asset and its disposition in great detail.

How are business interests handled in a Final Decree of Divorce?

Business interests require special attention in a Final Decree of Divorce. The decree will specify whether the business will be sold with proceeds divided, whether one spouse will buy out the other's interest, or whether both spouses will continue to own shares in the business. It may include detailed valuation methods, buyout terms, payment schedules, and operational restrictions. For business owners, the decree might also contain non-compete clauses, confidentiality provisions, and specific management transition plans. If the business will continue with one spouse as owner, the decree will outline how the other spouse will be compensated for their share of the business value.

What provisions are included for child custody and support in the Final Decree?

For parents with minor children, the Final Decree of Divorce will contain a detailed parenting plan that addresses legal custody (decision-making authority) and physical custody (where the children will live). It will include specific visitation schedules, including provisions for holidays, school breaks, and special occasions. The decree will outline child support obligations, including the amount, payment schedule, and duration. It may also address health insurance coverage, uninsured medical expenses, educational costs, extracurricular activities, and college expenses. Additionally, the decree might include provisions about relocation restrictions, communication between parents, and methods for resolving future disputes about the children.

Can a Final Decree of Divorce be modified after it's issued?

While a Final Decree of Divorce is considered final regarding property division in most states, certain aspects can be modified under specific circumstances. Child custody, visitation, and support provisions may be modified if there is a substantial change in circumstances that affects the best interests of the children. Spousal maintenance might be modifiable depending on the language in the decree and state law. However, property and debt division provisions are typically not modifiable unless there was fraud, duress, or a significant error discovered after the decree was issued. Any modification requires filing a formal petition with the court and demonstrating that the requested change is warranted.

How does spousal maintenance (alimony) work in a Final Decree of Divorce?

For long-term marriages, especially those where one spouse has significantly higher earning capacity, the Final Decree of Divorce may include spousal maintenance provisions. The decree will specify the amount, frequency, and duration of payments. It may include conditions under which maintenance would terminate (such as remarriage or cohabitation of the receiving spouse) and whether the obligation is modifiable. For high-net-worth couples, the decree might structure maintenance as a lump sum payment, property transfer, or ongoing payments. The tax implications of maintenance payments should be carefully considered, as tax laws regarding alimony have changed in recent years.

What happens if my ex-spouse doesn't comply with the Final Decree of Divorce?

If your ex-spouse fails to comply with any provision of the Final Decree of Divorce, you can seek enforcement through the court. This typically involves filing a motion for enforcement or contempt. The court has various enforcement mechanisms available, including wage garnishment, property liens, suspension of licenses, and even jail time for willful non-compliance in serious cases. For provisions related to property division, you may need to file additional motions to compel the transfer of assets or seek compensation for assets that were supposed to be transferred but weren't. It's important to document all instances of non-compliance and consult with an attorney about the most effective enforcement strategy.

How should I handle retirement accounts and pensions mentioned in the Final Decree?

When retirement accounts or pensions are divided in a Final Decree of Divorce, additional legal documents are often required to effectuate the division. For qualified retirement plans like 401(k)s and pensions, a Qualified Domestic Relations Order (QDRO) must be prepared, approved by the plan administrator, and submitted to the court. For IRAs, a divorce decree is usually sufficient, but the financial institution may require specific transfer instructions. The Final Decree should specify the exact percentage or dollar amount to be transferred and whether gains or losses between the divorce date and transfer date will be included. These transfers, when done properly according to the decree and with the appropriate orders, are typically not subject to early withdrawal penalties.

What tax implications should I be aware of from my Final Decree of Divorce?

A Final Decree of Divorce can have significant tax implications. Property transfers between spouses due to divorce are generally not taxable events, but subsequent sales of those assets may trigger capital gains taxes based on the original purchase price. The decree should specify who can claim children as dependents for tax purposes. If you're receiving spousal maintenance, be aware that for divorces finalized after 2018, these payments are no longer taxable income to the recipient or tax-deductible for the payer. The decree may address tax liability for previous joint returns and allocation of carryover credits or losses. Business owners should pay particular attention to potential tax consequences of business interest transfers or buyouts specified in the decree.

How do I ensure the Final Decree of Divorce protects my interests?

To ensure your Final Decree of Divorce adequately protects your interests, work closely with an experienced family law attorney who understands the complexities of high-asset divorces or business ownership. Before signing, carefully review every provision and make sure you understand all implications. Ensure that all significant assets are accounted for and properly valued. For business interests, consider having specialized business valuation experts involved. If you have children, verify that the custody and support provisions are workable and in their best interests. Consider potential future scenarios and whether the decree addresses them adequately. Finally, make sure the decree contains clear enforcement mechanisms and specific deadlines for all required actions.

Final Decree of Divorce: What You Need to Know

A comprehensive guide to understanding the Final Decree of Divorce, its legal implications, and important considerations for couples with significant assets, business owners, and parents with minor children.

Introduction

A Final Decree of Divorce is the court document that legally ends your marriage and establishes the terms that will govern your post-divorce life. This critical legal document outlines how your property will be divided, addresses child custody and support arrangements, determines spousal maintenance (if applicable), and resolves other important matters. For couples with significant assets, business interests, or minor children, understanding the components and implications of this decree is essential to protecting your financial future and family relationships. This guide will help you navigate the complexities of a Final Decree of Divorce and understand how it will impact your specific situation.

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Key Things to Know

1
A Final Decree of Divorce is legally binding once signed by a judge, and willful non-compliance can result in serious legal consequences.
2
For high-value assets, the specific language in the decree matters tremendously—vague terms can lead to future disputes and enforcement challenges.
3
Business valuations should be conducted by qualified experts and the methodology should be clearly referenced in the decree.
4
Child custody provisions should be detailed enough to minimize potential conflicts but flexible enough to accommodate changing circumstances as children grow.
5
Some provisions in a Final Decree require additional legal documents to implement, such as QDROs for retirement accounts, deeds for real estate transfers, or stock certificates for business interests.
6
The decree should include mechanisms for resolving future disputes without returning to court, such as mediation requirements for co-parenting conflicts.
7
Tax implications of property division and support arrangements should be carefully considered before finalizing the decree.
8
For significant assets, consider including provisions that address appreciation, depreciation, or other changes in value that might occur between the divorce date and actual transfer date.

Key decisions before you file

Before you file a Final Decree of Divorce in South Dakota, a few decisions shape the document: which option to choose and what each one means. The Final Decree of Divorce guide walks through them.

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FINAL DECREE OF DIVORCE

CAUSE NO. [CASE NUMBER]

IN THE MATTER OF THE MARRIAGE OF

[PETITIONER'S FULL LEGAL NAME]

AND

[RESPONDENT'S FULL LEGAL NAME]

AND IN THE INTEREST OF

[CHILD(REN)'S FULL LEGAL NAME(S)], CHILD(REN)

IN THE DISTRICT COURT

[JUDICIAL DISTRICT NUMBER] JUDICIAL DISTRICT

[COUNTY] COUNTY, [STATE]

FINAL DECREE OF DIVORCE

On the date noted below, this case came before the Court for final hearing. The Court has jurisdiction over this case and the parties, having found that the residency and notice requirements have been satisfied and that the petition has been on file for the period required by law.

1. APPEARANCES

Petitioner: [PETITIONER'S FULL LEGAL NAME] ("Petitioner") appeared in person and through attorney of record, [ATTORNEY NAME], and announced ready for trial.

Respondent: [RESPONDENT'S FULL LEGAL NAME] ("Respondent") appeared in person and through attorney of record, [ATTORNEY NAME], and announced ready for trial.

2. RECORD

The record of testimony was duly reported by the court reporter for the [JUDICIAL DISTRICT NUMBER] Judicial District Court.

3. JURISDICTION AND DOMICILE

The Court finds that it has jurisdiction over the subject matter and the parties in this case. All prerequisites to the Court's exercise of jurisdiction have been satisfied, and no other court has continuing, exclusive jurisdiction over this matter or the parties. The Court further finds that Petitioner has been a domiciliary of [STATE] for at least six months preceding the filing of this action and a resident of [COUNTY] County for at least ninety days preceding the filing of this action. The Court finds that Respondent has been properly served with citation or has made a general appearance.

4. JURY

A jury was waived, and all questions of fact and law were submitted to the Court.

5. DIVORCE

IT IS ORDERED AND DECREED that [PETITIONER'S FULL LEGAL NAME], Petitioner, and [RESPONDENT'S FULL LEGAL NAME], Respondent, are divorced and that the marriage between them is dissolved on the grounds of insupportability due to discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.

6. CHILDREN OF THE MARRIAGE

The Court finds that the following child(ren) are of this marriage:

Name: [CHILD'S FULL LEGAL NAME]
Sex: [MALE/FEMALE]
Date of Birth: [MONTH, DAY, YEAR]
Current Address: [CURRENT ADDRESS]
Social Security Number: [XXX-XX-XXXX]
Driver's License Number: [LICENSE NUMBER] (if applicable)

[REPEAT FOR EACH ADDITIONAL CHILD]

7. CONSERVATORSHIP AND POSSESSION OF CHILDREN

7.1 Joint Managing Conservatorship

IT IS ORDERED that [PETITIONER'S FULL LEGAL NAME] and [RESPONDENT'S FULL LEGAL NAME] are appointed Joint Managing Conservators of the following child(ren): [CHILD(REN)'S FULL LEGAL NAME(S)].

7.2 Rights and Duties of Joint Managing Conservators

IT IS ORDERED that, at all times, each conservator shall have the following rights and duties:

a. The right to receive information from the other conservator concerning the health, education, and welfare of the child(ren);

b. The right to confer with the other conservator to the extent possible before making a decision concerning the health, education, and welfare of the child(ren);

c. The right of access to medical, dental, psychological, and educational records of the child(ren);

d. The right to consult with a physician, dentist, psychologist, or other healthcare provider of the child(ren);

e. The right to consult with school officials concerning the child(ren)'s welfare and educational status, including school activities;

f. The right to attend school activities, including school lunches, performances, and field trips;

g. The right to be designated on the child(ren)'s records as a person to be notified in case of an emergency;

h. The right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child(ren);

i. The right to manage the estates of the child(ren) to the extent the estates have been created by the parent or the parent's family;

j. The duty to inform the other conservator of the child(ren) in a timely manner of significant information concerning the health, education, and welfare of the child(ren); and

k. The duty to inform the other conservator of the child(ren) if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter.

7.3 Rights and Duties of Primary Conservator

IT IS ORDERED that [PRIMARY CONSERVATOR'S NAME] shall have the following exclusive rights and duties:

a. The right to designate the primary residence of the child(ren) within [GEOGRAPHIC RESTRICTION, e.g., "COUNTY County, [STATE] and contiguous counties"];

b. The right to receive child support for the benefit of the child(ren);

c. The right to consent to medical, dental, and surgical treatment involving invasive procedures;

d. The right to consent to psychiatric and psychological treatment of the child(ren);

e. The right to represent the child(ren) in legal action and to make other decisions of substantial legal significance concerning the child(ren);

f. The right to consent to marriage and to enlistment in the armed forces of the United States;

g. The right to make decisions concerning the child(ren)'s education;

h. Except as provided by section 264.0111 of the Texas Family Code, the right to the services and earnings of the child(ren);

i. Except when a guardian of the child(ren)'s estates or a guardian or attorney ad litem has been appointed for the child(ren), the right to act as an agent of the child(ren) in relation to the child(ren)'s estates if the child(ren)'s action is required by a state, the United States, or a foreign government; and

j. The duty to manage the estates of the child(ren) to the extent the estates have been created by community property or the joint property of the parents.

7.4 Rights and Duties of Non-Primary Conservator

IT IS ORDERED that [NON-PRIMARY CONSERVATOR'S NAME] shall have the following rights and duties:

a. The duty to pay child support as ordered by the Court;

b. The right to receive information from any other conservator of the child(ren) concerning the health, education, and welfare of the child(ren);

c. The right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child(ren);

d. The right of access to medical, dental, psychological, and educational records of the child(ren);

e. The right to consult with a physician, dentist, or psychologist of the child(ren);

f. The right to consult with school officials concerning the child(ren)'s welfare and educational status, including school activities;

g. The right to attend school activities, including school lunches, performances, and field trips;

h. The right to be designated on the child(ren)'s records as a person to be notified in case of an emergency;

i. The right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child(ren); and

j. The right to manage the estates of the child(ren) to the extent the estates have been created by the parent or the parent's family.

7.5 Standard Possession Order

The Court finds that the following provisions of this Standard Possession Order are intended to and do comply with the requirements of Texas Family Code sections 153.311 through 153.317. IT IS ORDERED that each conservator shall comply with all terms and conditions of this Standard Possession Order. IT IS ORDERED that this Standard Possession Order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs this Final Decree of Divorce.

7.5.1 Definitions

a. Weekend – A weekend begins at 6:00 p.m. on Friday and ends at 6:00 p.m. on the following Sunday.

b. Thursday – Thursday begins at 6:00 p.m. on Thursday and ends at 8:00 p.m. on Thursday.

c. Holiday Period – A holiday period begins and ends as specified for each particular holiday period.

d. Birthday – A child's birthday begins at 6:00 p.m. on the day of the child's birthday and ends at 8:00 p.m. that same day.

e. School – The elementary or secondary school in which the child is enrolled. If the child is not enrolled in an elementary or secondary school, "school" means the public school district in which the child primarily resides.

f. Day – A day is a 24-hour period beginning at 6:00 p.m. on one day and ending at 6:00 p.m. the following day.

g. Weekend Possession Extended by a Holiday – If a weekend period of possession of [NON-PRIMARY CONSERVATOR'S NAME] coincides with a school holiday during the regular school term or with a federal, state, or local holiday during the summer months when school is not in session, the weekend period of possession shall begin at 6:00 p.m. on the Thursday immediately preceding the Friday holiday or school holiday or shall end at 6:00 p.m. on the Monday holiday or school holiday or at 6:00 p.m. on the Monday following the Friday holiday or school holiday, as applicable.

7.5.2 Regular Weekend Possession

IT IS ORDERED that [NON-PRIMARY CONSERVATOR'S NAME] shall have possession of the child(ren) on weekends throughout the year beginning at 6:00 p.m. on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday.

7.5.3 Regular Thursday Possession

IT IS ORDERED that [NON-PRIMARY CONSERVATOR'S NAME] shall have possession of the child(ren) on Thursday of each week during the regular school term, beginning at 6:00 p.m. and ending at 8:00 p.m.

7.5.4 Extended Summer Possession

IT IS ORDERED that [NON-PRIMARY CONSERVATOR'S NAME] shall have possession of the child(ren) for thirty (30) days during the summer vacation period, to be exercised in no more than two separate periods of at least seven consecutive days each. [NON-PRIMARY CONSERVATOR'S NAME] shall give [PRIMARY CONSERVATOR'S NAME] written notice by April 1 of each year specifying the dates of possession for the following summer. If [NON-PRIMARY CONSERVATOR'S NAME] does not give [PRIMARY CONSERVATOR'S NAME] written notice by April 1 of each year, [NON-PRIMARY CONSERVATOR'S NAME] shall have possession of the child(ren) beginning at 6:00 p.m. on July 1 and ending at 6:00 p.m. on July 31.

IT IS ORDERED that [PRIMARY CONSERVATOR'S NAME] shall have possession of the child(ren) for one weekend during [NON-PRIMARY CONSERVATOR'S NAME]'s extended summer possession, provided [PRIMARY CONSERVATOR'S NAME] gives [NON-PRIMARY CONSERVATOR'S NAME] written notice by April 15 of each year or, if the weekend is during July, at least fourteen days' advance notice, specifying the weekend of possession.

7.5.5 Holiday Possession

Notwithstanding the weekend and Thursday periods of possession, [PRIMARY CONSERVATOR'S NAME] and [NON-PRIMARY CONSERVATOR'S NAME] shall have the right to possession of the child(ren) as follows:

a. Christmas Holidays in Even-Numbered Years – In even-numbered years, [NON-PRIMARY CONSERVATOR'S NAME] shall have possession of the child(ren) beginning at 6:00 p.m. on the day the child(ren) are dismissed from school for the Christmas school vacation and ending at noon on December 26, and [PRIMARY CONSERVATOR'S NAME] shall have possession of the child(ren) beginning at noon on December 26 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vacation.

b. Christmas Holidays in Odd-Numbered Years – In odd-numbered years, [PRIMARY CONSERVATOR'S NAME] shall have possession of the child(ren) beginning at 6:00 p.m. on the day the child(ren) are dismissed from school for the Christmas school vacation and ending at noon on December 26, and [NON-PRIMARY CONSERVATOR'S NAME] shall have possession of the child(ren) beginning at noon on December 26 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vacation.

c. Thanksgiving in Odd-Numbered Years – In odd-numbered years, [NON-PRIMARY CONSERVATOR'S NAME] shall have possession of the child(ren) beginning at 6:00 p.m. on the day the child(ren) are dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the Sunday following Thanksgiving.

d. Thanksgiving in Even-Numbered Years – In even-numbered years, [PRIMARY CONSERVATOR'S NAME] shall have possession of the child(ren) beginning at 6:00 p.m. on the day the child(ren) are dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the Sunday following Thanksgiving.

e. Spring Break in Even-Numbered Years – In even-numbered years, [NON-PRIMARY CONSERVATOR'S NAME] shall have possession of the child(ren) beginning at 6:00 p.m. on the day the child(ren) are dismissed from school for the school spring break and ending at 6:00 p.m. on the day before school resumes after that school spring break.

f. Spring Break in Odd-Numbered Years – In odd-numbered years, [PRIMARY CONSERVATOR'S NAME] shall have possession of the child(ren) beginning at 6:00 p.m. on the day the child(ren) are dismissed from school for the school spring break and ending at 6:00 p.m. on the day before school resumes after that school spring break.

g. Child(ren)'s Birthday – If a conservator is not otherwise entitled under this Standard Possession Order to possession of a child on the child's birthday, that conservator shall have possession of the child beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that that conservator picks up the child from the other conservator's residence and returns the child to that same place.

h. Father's Day – Father shall have possession of the child(ren) beginning at 6:00 p.m. on the Friday preceding Father's Day and ending at 6:00 p.m. on Father's Day, provided that if Father is not otherwise entitled under this Standard Possession Order to present possession of the child(ren), he shall pick up the child(ren) from the other conservator's residence and return the child(ren) to that same place.

i. Mother's Day – Mother shall have possession of the child(ren) beginning at 6:00 p.m. on the Friday preceding Mother's Day and ending at 6:00 p.m. on Mother's Day, provided that if Mother is not otherwise entitled under this Standard Possession Order to present possession of the child(ren), she shall pick up the child(ren) from the other conservator's residence and return the child(ren) to that same place.

7.5.6 General Terms and Conditions

Except as otherwise explicitly provided in this Standard Possession Order, the terms and conditions of possession of the child(ren) that apply regardless of the distance between the residence of a parent and the child(ren) are as follows:

a. Exchange of Children at [PRIMARY CONSERVATOR'S NAME]'s Residence – The conservators shall exchange the child(ren) at [PRIMARY CONSERVATOR'S NAME]'s residence.

b. Surrender of Child(ren) by [PRIMARY CONSERVATOR'S NAME] – [PRIMARY CONSERVATOR'S NAME] is ORDERED to surrender the child(ren) to [NON-PRIMARY CONSERVATOR'S NAME] at the beginning of each period of [NON-PRIMARY CONSERVATOR'S NAME]'s possession at [PRIMARY CONSERVATOR'S NAME]'s residence.

c. Return of Child(ren) by [NON-PRIMARY CONSERVATOR'S NAME] – [NON-PRIMARY CONSERVATOR'S NAME] is ORDERED to return the child(ren) to [PRIMARY CONSERVATOR'S NAME]'s residence at the end of each period of possession.

d. Personal Effects – Each conservator is ORDERED to return with the child(ren) the personal effects that the child(ren) brought at the beginning of the period of possession.

e. Designation of Competent Adult – Each conservator may designate any competent adult to pick up and return the child(ren), as applicable. IT IS ORDERED that a conservator or a designated competent adult be present when the child(ren) are picked up or returned.

f. Inability to Exercise Possession – Each conservator is ORDERED to give notice to the person in possession of the child(ren) on each occasion that the conservator will be unable to exercise that conservator's right of possession for any specified period.

g. Written Notice – Written notice, including notice provided by electronic mail or facsimile, shall be deemed to have been timely made if received or, if applicable, postmarked before or at the time that notice is due.

h. Notice to School and [PRIMARY CONSERVATOR'S NAME] – If [NON-PRIMARY CONSERVATOR'S NAME]'s time of possession of the child(ren) ends at the time school resumes and for any reason the child(ren) are not or will not be returned to school, [NON-PRIMARY CONSERVATOR'S NAME] shall immediately notify the school and [PRIMARY CONSERVATOR'S NAME] that the child(ren) will not be or have not been returned to school.

7.6 Relocation Restriction

IT IS ORDERED that [PRIMARY CONSERVATOR'S NAME] shall have the exclusive right to designate the primary residence of the child(ren) within [GEOGRAPHIC RESTRICTION, e.g., "COUNTY County, [STATE] and contiguous counties"]. IT IS FURTHER ORDERED that this geographic restriction on the residence of the child(ren) shall be lifted if, at the time [PRIMARY CONSERVATOR'S NAME] wishes to remove the child(ren) from the geographic area, [NON-PRIMARY CONSERVATOR'S NAME] does not reside within the geographic area.

8. CHILD SUPPORT

8.1 Child Support Order

IT IS ORDERED that [OBLIGOR'S NAME] is obligated to pay, and shall pay to [OBLIGEE'S NAME], child support in the amount of $[AMOUNT] per month, with the first payment being due and payable on [DATE] and a like payment being due and payable on the [DAY] day of each month thereafter until the first month following the date of the earliest occurrence of one of the events specified below:

a. Any child reaches the age of eighteen years or graduates from high school, whichever occurs later, subject to the provisions for support beyond the age of eighteen years set out below;

b. Any child marries;

c. Any child dies;

d. Any child's disabilities are otherwise removed for general purposes; or

e. Any child is otherwise emancipated.

IT IS ORDERED that child support payments shall be made through the state disbursement unit at Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, TX 78265-9791, and thereafter promptly remitted to [OBLIGEE'S NAME] for the support of the child(ren).

IT IS FURTHER ORDERED that [OBLIGOR'S NAME] shall pay all child support payments in the form of cash, cashier's check, or money order by mailing such payment to the Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, TX 78265-9791.

8.2 Withholding from Earnings

IT IS ORDERED that any employer of [OBLIGOR'S NAME] shall be ordered to withhold from earnings for child support from the disposable earnings of [OBLIGOR'S NAME] for the support of [CHILD(REN)'S FULL LEGAL NAME(S)].

IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of [OBLIGOR'S NAME] by the employer and paid in accordance with the order to that employer shall constitute a credit against the child support obligation. Payment of the full amount of child support ordered paid by this decree through the means of withholding from earnings shall discharge the child support obligation. If the amount withheld from earnings and credited against the child support obligation is less than 100 percent of the amount ordered to be paid by this decree, the balance due remains an obligation of [OBLIGOR'S NAME], and it is hereby ORDERED that [OBLIGOR'S NAME] pay the balance due directly to the state disbursement unit specified above.

8.3 Health Insurance

IT IS ORDERED that [HEALTH INSURANCE OBLIGOR'S NAME] shall provide and maintain health insurance coverage for each child who is the subject of this suit until the occurrence of one of the events set out in section 8.1 above. [HEALTH INSURANCE OBLIGOR'S NAME] is ORDERED to maintain such health insurance through [HEALTH INSURANCE PROVIDER] or another health insurance provider that provides comparable coverage.

IT IS FURTHER ORDERED that, as additional child support, [HEALTH INSURANCE OBLIGOR'S NAME] shall pay, as they become due, all costs of the premium for health insurance for the child(ren), and [HEALTH INSURANCE OBLIGOR'S NAME] is ORDERED to provide [OTHER PARENT'S NAME] with copies of the insurance policies, insurance cards, and necessary claim forms within 30 days of the signing of this decree.

8.4 Uninsured Medical Expenses

IT IS ORDERED that the reasonable and necessary health-care expenses of the child(ren) that are not reimbursed by health insurance shall be paid by [OBLIGOR'S NAME] and [OBLIGEE'S NAME] as follows: [OBLIGOR'S NAME] shall pay [PERCENTAGE]% and [OBLIGEE'S NAME] shall pay [PERCENTAGE]% of the uninsured health-care expenses if, at the time the expenses are incurred, [HEALTH INSURANCE OBLIGOR'S NAME] is providing health insurance as ordered.

The party who incurs a health-care expense on behalf of a child is ORDERED to submit to the other party all forms, receipts, bills, statements, and explanations of benefits reflecting the uninsured portion of the health-care expenses within thirty days after receiving them. The nonincurring party is ORDERED to pay his or her percentage of the uninsured portion of the health-care expenses either by paying the health-care provider directly or by reimbursing the incurring party for any advance payment exceeding the incurring party's percentage of the uninsured portion of the health-care expenses within thirty days after receiving the forms, receipts, bills, statements, and explanations of benefits.

8.5 Child Tax Benefits

IT IS ORDERED that [PARENT'S NAME] shall have the right to claim the child(ren) as dependents on [HIS/HER] federal income tax returns for tax year [YEAR] and for each [EVEN/ODD]-numbered tax year thereafter. IT IS ORDERED that [OTHER PARENT'S NAME] shall have the right to claim the child(ren) as dependents on [HIS/HER] federal income tax returns for tax year [YEAR] and for each [EVEN/ODD]-numbered tax year thereafter.

9. DIVISION OF MARITAL ESTATE

9.1 Division of Community Estate

The Court finds that the following is a just and right division of the parties' community estate, having due regard for the rights of each party and the child(ren) of the marriage.

IT IS ORDERED AND DECREED that [PETITIONER'S FULL LEGAL NAME] is awarded the following as [HIS/HER] sole and separate property, and [RESPONDENT'S FULL LEGAL NAME] is divested of all right, title, interest, and claim in and to such property:

a. All household furniture, furnishings, fixtures, goods, appliances, and equipment in the possession of or subject to the sole control of [PETITIONER'S FULL LEGAL NAME].

b. All clothing, jewelry, and other personal effects in the possession of or subject to the sole control of [PETITIONER'S FULL LEGAL NAME].

c. The following real property and improvements: [DESCRIPTION OF REAL PROPERTY], including but not limited to any escrow funds, prepaid insurance, utility deposits, keys, house plans, home security access and code, garage door opener, warranties and service contracts, and title and closing documents.

d. The following motor vehicles: [DESCRIPTION OF VEHICLES], together with all insurance, keys, and title documents.

e. The following bank accounts: [LIST OF BANK ACCOUNTS].

f. The following retirement and employee benefits: [LIST OF RETIREMENT ACCOUNTS AND BENEFITS].

g. The following life insurance policies: [LIST OF LIFE INSURANCE POLICIES].

h. The following brokerage and investment accounts: [LIST OF BROKERAGE AND INVESTMENT ACCOUNTS].

i. The following business interests: [LIST OF BUSINESS INTERESTS].

j. The following cash and receivables: [LIST OF CASH AND RECEIVABLES].

k. All other property in the possession of or subject to the sole control of [PETITIONER'S FULL LEGAL NAME].

IT IS ORDERED AND DECREED that [RESPONDENT'S FULL LEGAL NAME] is awarded the following as [HIS/HER] sole and separate property, and [PETITIONER'S FULL LEGAL NAME] is divested of all right, title, interest, and claim in and to such property:

a. All household furniture, furnishings, fixtures, goods, appliances, and equipment in the possession of or subject to the sole control of [RESPONDENT'S FULL LEGAL NAME].

b. All clothing, jewelry, and other personal effects in the possession of or subject to the sole control of [RESPONDENT'S FULL LEGAL NAME].

d. The following motor vehicles: [DESCRIPTION OF VEHICLES], together with all insurance, keys, and title documents.

e. The following bank accounts: [LIST OF BANK ACCOUNTS].

f. The following retirement and employee benefits: [LIST OF RETIREMENT ACCOUNTS AND BENEFITS].

g. The following life insurance policies: [LIST OF LIFE INSURANCE POLICIES].

h. The following brokerage and investment accounts: [LIST OF BROKERAGE AND INVESTMENT ACCOUNTS].

i. The following business interests: [LIST OF BUSINESS INTERESTS].

j. The following cash and receivables: [LIST OF CASH AND RECEIVABLES].

k. All other property in the possession of or subject to the sole control of [RESPONDENT'S FULL LEGAL NAME].

9.2 Confirmation of Separate Property

IT IS ORDERED AND DECREED that the following described property is the separate property of [PETITIONER'S FULL LEGAL NAME]:

a. [DESCRIPTION OF SEPARATE PROPERTY]

IT IS ORDERED AND DECREED that the following described property is the separate property of [RESPONDENT'S FULL LEGAL NAME]:

a. [DESCRIPTION OF SEPARATE PROPERTY]

9.3 Division of Debt

IT IS ORDERED AND DECREED that [PETITIONER'S FULL LEGAL NAME] shall pay, as a part of the division of the estate of the parties, and shall indemnify and hold [RESPONDENT'S FULL LEGAL NAME] and [RESPONDENT'S FULL LEGAL NAME]'s property harmless from any failure to so discharge, these items:

a. The following credit card and charge account debts: [LIST OF CREDIT CARD AND CHARGE ACCOUNT DEBTS].

b. The balance due, including principal, interest, tax, and insurance escrow, on the promissory note executed by [PETITIONER'S FULL LEGAL NAME] and [RESPONDENT'S FULL LEGAL NAME], payable to [LENDER], and secured by [DESCRIPTION OF PROPERTY].

c. The following debts, charges, liabilities, and obligations: [LIST OF OTHER DEBTS].

d. All debts, charges, liabilities, and other obligations incurred solely by [PETITIONER'S FULL LEGAL NAME] from and after [DATE OF SEPARATION] unless express provision is made in this decree to the contrary.

e. All debts, charges, liabilities, and other obligations associated with the property awarded to [PETITIONER'S FULL LEGAL NAME] in this decree.

IT IS ORDERED AND DECREED that [RESPONDENT'S FULL LEGAL NAME] shall pay, as a part of the division of the estate of the parties, and shall indemnify and hold [PETITIONER'S FULL LEGAL NAME] and [PETITIONER'S FULL LEGAL NAME]'s property harmless from any failure to so discharge, these items:

a. The following credit card and charge account debts: [LIST OF CREDIT CARD AND CHARGE ACCOUNT DEBTS].

c. The following debts, charges, liabilities, and obligations: [LIST OF OTHER DEBTS].

d. All debts, charges, liabilities, and other obligations incurred solely by [RESPONDENT'S FULL LEGAL NAME] from and after [DATE OF SEPARATION] unless express provision is made in this decree to the contrary.

e. All debts, charges, liabilities, and other obligations associated with the property awarded to [RESPONDENT'S FULL LEGAL NAME] in this decree.

9.4 Notice to Creditors

IT IS ORDERED AND DECREED that each party shall send written notice to each creditor of each debt that party has been ordered to pay, and include in such notice a copy of this decree, within thirty days after this decree is signed. Each party shall send a copy of each notice sent to any creditor to the other party within the same thirty-day period.

9.5 Transfer and Delivery of Property

IT IS ORDERED AND DECREED that [PETITIONER'S FULL LEGAL NAME] shall execute, acknowledge, and deliver to [RESPONDENT'S FULL LEGAL NAME] all instruments of transfer necessary to effect the transfers required by this decree within ten days after the date this decree is signed. IT IS FURTHER ORDERED AND DECREED that [RESPONDENT'S FULL LEGAL NAME] shall execute, acknowledge, and deliver to [PETITIONER'S FULL LEGAL NAME] all instruments of transfer necessary to effect the transfers required by this decree within ten days after the date this decree is signed.

10. SPOUSAL MAINTENANCE

10.1 Terms of Spousal Maintenance

IT IS ORDERED that [OBLIGOR'S NAME] will pay to [OBLIGEE'S NAME] spousal maintenance of $[AMOUNT] per month, with the first payment being due on the [DAY] day of [MONTH], [YEAR] and a like payment being due on the [DAY] day of each consecutive month until the earliest of one of the following events occurs:

a. [DATE] (not to exceed [NUMBER] months);

b. The death of either [OBLIGOR'S NAME] or [OBLIGEE'S NAME];

c. The remarriage of [OBLIGEE'S NAME]; or

d. Further orders of the Court affecting the spousal maintenance obligation, including a finding by the Court that [OBLIGEE'S NAME] cohabits with another person in a permanent place of abode on a continuing conjugal basis.

10.2 Withholding from Earnings for Spousal Maintenance

IT IS ORDERED that any employer of [OBLIGOR'S NAME] shall be ordered to withhold from earnings for spousal maintenance from the disposable earnings of [OBLIGOR'S NAME] for the support of [OBLIGEE'S NAME].

IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of [OBLIGOR'S NAME] by the employer and paid in accordance with the order to that employer shall constitute a credit against the spousal maintenance obligation. Payment of the full amount of spousal maintenance ordered paid by this decree through the means of withholding from earnings shall discharge the spousal maintenance obligation. If the amount withheld from earnings and credited against the spousal maintenance obligation is less than 100 percent of the amount ordered to be paid by this decree, the balance due remains an obligation of [OBLIGOR'S NAME], and it is hereby ORDERED that [OBLIGOR'S NAME] pay the balance due directly to [OBLIGEE'S NAME].

11. INSURANCE COVERAGE

11.1 Life Insurance

IT IS ORDERED that [OBLIGOR'S NAME] shall maintain a life insurance policy in the minimum amount of $[AMOUNT] naming [OBLIGEE'S NAME] as primary beneficiary for the benefit of the child(ren) as long as child support is payable under the terms of this decree. [OBLIGOR'S NAME] is ORDERED to provide [OBLIGEE'S NAME] with documentary evidence of the existence of such life insurance policy within thirty days of the signing of this decree. [OBLIGOR'S NAME] is ORDERED to provide [OBLIGEE'S NAME] with documentary evidence of the continued existence of such life insurance policy on each anniversary of this decree.

11.2 Health Insurance

IT IS ORDERED that [OBLIGOR'S NAME] shall maintain health insurance coverage for [OBLIGEE'S NAME] until [DATE/EVENT], as provided by the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). [OBLIGOR'S NAME] is ORDERED to pay the premium for such coverage directly to the insurer or through [OBLIGOR'S NAME]'s employer. [OBLIGOR'S NAME] is ORDERED to provide [OBLIGEE'S NAME] with documentary evidence of such coverage and the cost of such coverage within thirty days of the signing of this decree.

12. NAME CHANGE

IT IS ORDERED AND DECREED that [PARTY'S CURRENT FULL LEGAL NAME]'s name is changed to [PARTY'S NEW FULL LEGAL NAME].

13. COURT COSTS

IT IS ORDERED AND DECREED that costs of court are to be borne by the party who incurred them.

14. RESOLUTION OF TEMPORARY ORDERS

IT IS ORDERED AND DECREED that Petitioner and Respondent are discharged from all further liabilities and obligations imposed by the temporary order of this Court rendered on [DATE].

15. DISCHARGE FROM DISCOVERY RETENTION REQUIREMENT

IT IS ORDERED AND DECREED that the parties and their respective attorneys are discharged from the requirement of keeping and storing the documents produced in this case in accordance with rule 191.4(d) of the Texas Rules of Civil Procedure.

16. INDEMNIFICATION

Each party represents and warrants that he or she has not incurred any outstanding debt, obligation, or other liability on which the other party is or may be liable, other than those described in this decree. Each party agrees and IT IS ORDERED that if any claim, action, or proceeding is hereafter initiated seeking to hold the party not assuming a debt, an obligation, a liability, an act, or an omission of the other party liable for such debt, obligation, liability, act or omission of the other party, that other party will, at his or her sole expense, defend the party not assuming the debt, obligation, liability, act, or omission of the other party against any such claim or demand, whether or not well founded, and will indemnify the party not assuming the debt, obligation, liability, act, or omission of the other party and hold him or her harmless from all damages resulting from the claim or demand.

Damages, as used in this provision, includes any reasonable loss, cost, expense, penalty, and other damage, including without limitation attorney's fees and other costs and expenses reasonably and necessarily incurred in enforcing this indemnity.

IT IS ORDERED that each party will give the other party prompt written notice of any litigation threatened or instituted against either party that might constitute the basis of a claim for indemnity under this decree.

17. CLARIFYING ORDERS

Without affecting the finality of this Final Decree of Divorce, this Court expressly reserves the right to make orders necessary to clarify and enforce this decree.

18. DISPUTE RESOLUTION

IT IS ORDERED that before either party initiates a lawsuit to enforce or modify this Final Decree of Divorce, the parties shall attempt to resolve the dispute through mediation with a qualified mediator of their mutual choosing. The parties shall share the cost of mediation equally unless otherwise agreed. This requirement does not apply to actions brought to enforce this decree by contempt or to enforce child support by any means.

19. RELIANCE ON FINANCIAL INFORMATION

Each party represents that he or she has made a fair and reasonable disclosure to the other of the financial obligations and resources of that party. Each party represents that he or she has relied on the financial information provided by the other party and has not relied on any financial information other than that disclosed by the other party. Each party fully understands the financial obligations and resources of both parties.

20. SEVERABILITY

If any provision of this Final Decree of Divorce, or any portion thereof, is held to be invalid, illegal, void, or unenforceable by any court or tribunal of competent jurisdiction, the remainder of this Final Decree of Divorce shall remain in full force and effect to the maximum extent permitted by law. The parties agree that any such invalid, illegal, void, or unenforceable provision shall be modified and limited in its effect to the extent necessary to cause it to be enforceable, or if such modification is not possible, shall be deemed severed from this Final Decree of Divorce. In such event, the parties shall negotiate in good faith to replace any invalid, illegal, void, or unenforceable provision with a valid, legal, and enforceable provision that corresponds as closely as possible to the parties' original intent and economic expectations. The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction.

21. MERGER CLAUSE

This Final Decree of Divorce contains the entire agreement of the parties and supersedes all prior agreements, whether oral or written, between the parties. The parties acknowledge that no representations, inducements, promises, agreements, or warranties, oral or otherwise, have been made by either party, or anyone acting on behalf of either party, that are not embodied in this Final Decree of Divorce. The terms of this Final Decree of Divorce are contractual and not a mere recital.

22. FINALITY OF DECREE

This decree disposes of all claims and all parties and is a final and appealable judgment.

SIGNED on ________________________.

JUDGE PRESIDING

APPROVED AS TO FORM ONLY:

[PETITIONER'S ATTORNEY] Attorney for Petitioner State Bar No. [NUMBER] [ADDRESS] [PHONE] [EMAIL]

[RESPONDENT'S ATTORNEY] Attorney for Respondent State Bar No. [NUMBER] [ADDRESS] [PHONE] [EMAIL]

APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE:

[PETITIONER'S FULL LEGAL NAME], Petitioner

[RESPONDENT'S FULL LEGAL NAME], Respondent

South Dakota Requirements for Final Decree of Divorce

Jurisdiction and Venue (SDCL § 25-4-30)
The court must have proper jurisdiction over the divorce case. In South Dakota, at least one spouse must have been a resident of the state for at least six months before filing for divorce.
Grounds for Divorce (SDCL § 25-4-2)
South Dakota allows divorce on both no-fault and fault-based grounds. The decree must specify the grounds upon which the divorce is granted, such as irreconcilable differences or extreme cruelty.
Division of Marital Property (SDCL § 25-4-44)
South Dakota follows equitable distribution principles, requiring a fair but not necessarily equal division of marital property. The decree must detail how all assets and debts are divided between spouses.
Child Custody Determination (SDCL § 25-4-45)
The decree must establish custody arrangements based on the best interests of the child standard, specifying legal and physical custody arrangements.
Parenting Time Schedule (SDCL § 25-4-45)
A detailed parenting time (visitation) schedule must be included for the non-custodial parent, including regular schedule, holidays, and special occasions.
Child Support Obligations (SDCL § 25-7-6.2)
Child support must be calculated according to South Dakota's child support guidelines, with specific payment amounts, frequency, and method of payment clearly stated.
Medical Support for Children (SDCL § 25-7-6.16)
The decree must address health insurance coverage for children and allocation of uninsured medical expenses between parents.
Alimony/Spousal Support (SDCL § 25-4-41)
If applicable, the decree must specify any alimony award, including amount, duration, and conditions for modification or termination.
Name Change Provision (SDCL § 25-4-47)
If requested, the decree may include a provision allowing either spouse to resume use of a former name.
Qualified Domestic Relations Order (QDRO) (29 U.S.C. § 1056(d)(3))
For division of retirement accounts, a QDRO or similar order must be included or referenced in the decree to comply with federal ERISA requirements.
Tax Provisions (26 U.S.C. § 71, 215, 1041)
The decree should address tax filing status for the year of divorce, dependency exemptions for children, and tax implications of property transfers.
Military Retirement Benefits (10 U.S.C. § 1408)
If applicable, division of military retirement benefits must comply with the Uniformed Services Former Spouses' Protection Act.
Domestic Violence Protections (SDCL § 25-10-1)
If relevant, the decree may include protective provisions consistent with South Dakota's domestic abuse laws.
Relocation Provisions (SDCL § 25-4A-17)
The decree should address requirements for notification and potential court approval if the custodial parent wishes to relocate with the children.
Life Insurance Requirements (SDCL § 25-4-42)
The decree may require maintenance of life insurance policies to secure child support or alimony obligations.
College Education Provisions (SDCL § 25-5-18.1)
While not statutorily required in South Dakota, the decree may include agreements regarding payment for children's higher education expenses.
Compliance with UCCJEA (SDCL § 26-5B-101)
Child custody determinations must comply with the Uniform Child Custody Jurisdiction and Enforcement Act, which governs interstate custody disputes.
Child Support Enforcement Provisions (42 U.S.C. § 666)
The decree must include provisions for income withholding and other enforcement mechanisms in compliance with federal child support enforcement laws.
Waiver of Future Claims (SDCL § 29A-2-802)
The decree typically includes language whereby each party waives future claims against the other's estate, except as provided in the decree.
Integration and Merger Clause (SDCL § 15-6-54(a))
The decree should specify whether any prior settlement agreement is merged into or survives the decree, affecting future enforceability and modification.

Introduction

Key Things to Know

Key decisions before you file

Customize your Final Decree of Divorce Template with DocDraft

FINAL DECREE OF DIVORCE

CAUSE NO. [CASE NUMBER]

IN THE MATTER OF THE MARRIAGE OF

[PETITIONER'S FULL LEGAL NAME]

AND

[RESPONDENT'S FULL LEGAL NAME]

AND IN THE INTEREST OF

[CHILD(REN)'S FULL LEGAL NAME(S)], CHILD(REN)

IN THE DISTRICT COURT

[JUDICIAL DISTRICT NUMBER] JUDICIAL DISTRICT

[COUNTY] COUNTY, [STATE]

FINAL DECREE OF DIVORCE

1. APPEARANCES

2. RECORD

3. JURISDICTION AND DOMICILE

4. JURY

5. DIVORCE

6. CHILDREN OF THE MARRIAGE

7. CONSERVATORSHIP AND POSSESSION OF CHILDREN

7.1 Joint Managing Conservatorship

7.2 Rights and Duties of Joint Managing Conservators

7.3 Rights and Duties of Primary Conservator

7.4 Rights and Duties of Non-Primary Conservator

7.5 Standard Possession Order

7.5.1 Definitions

7.5.2 Regular Weekend Possession

7.5.3 Regular Thursday Possession

7.5.4 Extended Summer Possession

7.5.5 Holiday Possession

7.5.6 General Terms and Conditions

7.6 Relocation Restriction

8. CHILD SUPPORT

8.1 Child Support Order

8.2 Withholding from Earnings

8.3 Health Insurance

8.4 Uninsured Medical Expenses

8.5 Child Tax Benefits

9. DIVISION OF MARITAL ESTATE

9.1 Division of Community Estate

9.2 Confirmation of Separate Property

9.3 Division of Debt

9.4 Notice to Creditors

9.5 Transfer and Delivery of Property

10. SPOUSAL MAINTENANCE

10.1 Terms of Spousal Maintenance

10.2 Withholding from Earnings for Spousal Maintenance

11. INSURANCE COVERAGE

11.1 Life Insurance

11.2 Health Insurance

12. NAME CHANGE

13. COURT COSTS

14. RESOLUTION OF TEMPORARY ORDERS

15. DISCHARGE FROM DISCOVERY RETENTION REQUIREMENT

16. INDEMNIFICATION

17. CLARIFYING ORDERS

18. DISPUTE RESOLUTION

19. RELIANCE ON FINANCIAL INFORMATION

20. SEVERABILITY

21. MERGER CLAUSE

22. FINALITY OF DECREE

South Dakota Requirements for Final Decree of Divorce

Jurisdiction and Venue (SDCL § 25-4-30)

Grounds for Divorce (SDCL § 25-4-2)

Division of Marital Property (SDCL § 25-4-44)

Child Custody Determination (SDCL § 25-4-45)

Parenting Time Schedule (SDCL § 25-4-45)

Child Support Obligations (SDCL § 25-7-6.2)

Medical Support for Children (SDCL § 25-7-6.16)

Alimony/Spousal Support (SDCL § 25-4-41)

Name Change Provision (SDCL § 25-4-47)

Qualified Domestic Relations Order (QDRO) (29 U.S.C. § 1056(d)(3))

Tax Provisions (26 U.S.C. § 71, 215, 1041)

Military Retirement Benefits (10 U.S.C. § 1408)

Domestic Violence Protections (SDCL § 25-10-1)

Relocation Provisions (SDCL § 25-4A-17)

Life Insurance Requirements (SDCL § 25-4-42)