Also known as:decrees of dissolution of marriage · divorce decree · dissolution decree
Written by attorneys · grounded in primary & secondary sources — see below
A judicial order terminating the legal relationship of marriage between two parties. The order is final upon entry subject to appeal and may address property division without regard to marital misconduct.
Sources & Authorities
How it applies
Common Examples
6
Property Apportionment After Out-of-State Decree
Dominic Drake obtained a dissolution decree in another state that lacked personal jurisdiction over Deborah Dunn. Upon her motion in the proper forum, the court equitably divided their jointly acquired assets and retirement accounts without considering fault. The division proceeded under the statutory factors including duration of the marriage and each spouse's contributions.
Remarriage Pending Appeal
Doris Duffy received a dissolution decree finding the marriage irretrievably broken. Her former spouse appealed only the property award. Doris remarried six weeks later because the dissolution provision remained final and the appeal did not suspend that aspect of the decree.
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Common Law
Restatements
Casebooks
Conversion From Legal Separation
Deanna Davenport obtained a decree of legal separation. Seven months later she moved to convert it. The court entered a decree of dissolution of marriage upon her motion without requiring additional proof of irretrievable breakdown.
Revocation of Beneficiary Designation
Darius Dixon named his spouse as beneficiary on a life insurance policy before their marriage ended. After the decree of dissolution of marriage was entered, the policy proceeds passed to his children rather than the former spouse under the state revocation statute triggered by the decree.
Egelhoff v. Egelhoff532 U.S. 141 (2001)
Survival of Support Award
Derek Douglas obtained a New York separation decree awarding monthly support to his spouse. He later secured a Nevada dissolution decree. The support obligation continued because the earlier decree survived the subsequent dissolution under full faith and credit principles.
Estin v. Estin334 U.S. 541 (1948)
Degree Not Treated as Property
Dominion Capital's founder obtained a dissolution decree. His spouse sought a share of the value of his newly earned MBA. The court held that the degree was not marital property subject to equitable division in the decree.
In re Marriage of Graham574 P.2d 75, 77 (Colo. 1978)
Common questions
Frequently Asked
3
When does a decree of dissolution of marriage become final?+
The decree is final when entered, subject only to the right of appeal. An appeal limited to property issues does not delay the dissolution itself, allowing either party to remarry.
Supporting sources
Can a decree of legal separation be converted into a decree of dissolution of marriage?+
Yes. No earlier than six months after entry of a legal separation decree, either party may move for conversion and the court must enter the dissolution decree.
Supporting sources
How does a decree of dissolution affect property division when jurisdiction was lacking in the original proceeding?+
A court may equitably apportion property and assets between the parties without regard to marital misconduct even if the original decree came from a court lacking personal jurisdiction over one spouse.
Supporting sources
557 P.2d 106 (Cal. 1976)Property
…and limit her interest. Enforcement of the contract between plaintiff and defendant against property awarded to defendant by the divorce decree will not impair any right of Betty's, and thus is not on that account violative of public policy.[^maj-8] (6) Defendant's third contention is noteworthy for the lack of authority advanced…