California Divorce Decree: How to Get, Enforce & Modify It

In the legal context, marriage isn’t about romance. Quite simply, it’s a contract; an agreement made between two people who want to be seen as a single entity in the eyes of the law. This contract binds the couple’s finances and interests, and offers certain protections and benefits in return.

There are a lot of upsides to this arrangement. The downside is that breaking it apart can be a little complicated.

To keep track of each spouse’s individual rights, duties, and responsibilities, post-divorce, your judge will encompass all of your divorce terms into a single document. This document is called a divorce decree, and—once signed by your judge—is backed by the full force of the law.

Here’s what you need to know about a divorce decree in California, and how the Provinziano team can help you navigate these important legal matters.

What is a Divorce Decree?

A divorce decree is a legal document that contains all the decisions and directives of your divorce. This document covers all the issues that were settled during your split and codifies your judge’s decision into a single, easy-to-access document.

In California, this document is officially called the “Final Judgment of Dissolution of Marriage,” though most people simply refer to it as a divorce decree. It serves as the definitive record that your marriage has legally ended.

In many ways, a divorce decree is like the Rules of Engagement for your post-divorce life. Like a game day rulebook, it outlines your responsibilities, rights, and how certain post-marital affairs should be settled. When applicable, it also addresses how the couple is to interact moving forward. (Say, for example, in regards to raising minor children.)

The divorce decree is different from a divorce certificate, which is a simpler document that merely states a divorce occurred, similar to a birth certificate. Your decree contains all the substantive details and court orders.

The terms of a divorce decree are not optional. Couples are expected to follow them—even if they don’t agree—and failure to do so can result in serious financial and legal consequences.

Validity and Legal Status of Divorce Decrees

For a divorce decree to be legally valid in California, it must be signed by a judge. The judge’s signature transforms what was previously just an agreement or proposal into an official court order. This signature date becomes the official date your divorce is finalized—often called the “Entry of Judgment” date—and serves as the legal end of your marriage.

After the judge signs your divorce decree, several things happen immediately: the court clerk files the document, making your divorce official; you receive your copy; and all terms become legally binding. Property transfers should begin, custody arrangements take effect, and support payments must start according to the schedule outlined in your decree.

Invalid divorce decrees are rare but can occur in specific circumstances. A decree may be declared invalid if there was fraud (such as hiding assets), coercion during negotiations, lack of proper jurisdiction, failure to provide proper notice to the other spouse, or significant procedural errors during the divorce process. Simple clerical mistakes generally don’t invalidate an entire decree but can be corrected through court procedures.

It’s possible to challenge a divorce judgment, but strict time limits apply:

• Appeals: If you think the court made a legal mistake, you usually have 60 days from when the judgment is entered or served to file an appeal. Missing this window can mean losing your right to appeal.
• Fraud or Misconduct: If you discover that your ex-spouse lied or hid important information during the divorce, you may be able to ask the court to set aside the judgment. In most cases, you have one year from when you found out about the fraud to act.

These are general deadlines, and some exceptions or different rules may apply depending on your situation. Once deadlines pass, it becomes much harder—sometimes impossible—to undo or change the judgment.

The timeline for receiving your final divorce decree varies significantly based on your case. California law mandates a six-month waiting period from when divorce papers are served before a divorce can be finalized. However, an uncontested divorce with a complete agreement might be finalized shortly after this waiting period, while contested divorces involving property disputes or custody battles can take 12-18 months or even longer.

What Does a Divorce Decree Cover?

Some of the important issues your divorce decree will cover include:

• The division of marital property
• The division of marital debt
• Child custody and visitation 
• Child support
• The assignment of alimony

Your divorce decree might also address other matters specific to your situation, such as life insurance requirements, college education funding for children, or handling of retirement accounts. Today, California divorce decrees increasingly address digital assets and cryptocurrency division as well.

Here’s a closer look at each of these main issues and how California courts resolve them during divorce.

Dividing Marital Property

In California, marital property is divided according to the rules of community property.

Under these guidelines, anything that either spouse acquired during marriage belongs to both equally, regardless of whose name is on the paycheck, loan, deed, or card. On the other hand, assets brought into the marriage are considered “separate property” and will typically leave with their respective owners, upon divorce.

California is one of just nine states that follow community property laws (as of early 2025), making it different from most other states. Once you get divorced, the court will divide your jointly owned property equally between you. The court may also order an unequal division in rare circumstances (e.g., when there is a valid agreement, or to account for misappropriation of assets).

This split applies to everything from real estate and vehicles to bank accounts and investment portfolios. 

Dividing Marital Debt

Technically, marital debt is considered part of marital property. However, since it’s such a big part of divorce, we thought it could use its own separate shout-out.

Like assets, any debt acquired during marriage is owned by both partners equally. Similarly, any debt acquired before marriage belongs to the spouse who incurred it as separate property.

That being said, California courts will still consider who incurred the debt, what it was used for, and who benefited from it when you get divorced. So these obligations are not always divided fifty-fifty.

For example, if one spouse took out a student loan during the marriage but the education primarily benefited that spouse’s career, the court might assign more of that debt to the spouse who received the education. 

Child Custody and Visitation

In California, child custody is determined according to the best interest of the child. Under this standard, all decisions involving minors will be made according to what will best serve their long-term health and well-being.

Since it’s so difficult to divide a child’s time exactly equally between parents, the court will usually pick one parent as the child’s primary residence parent (or “custodial parent“), while granting the other visitation.

Your divorce decree will specify both legal custody (who makes important decisions about education, healthcare, etc.) and physical custody (where the child lives). It will also detail visitation schedules, including holidays, school breaks, and special occasions.

Child Support

Child support is determined by weighing income against the amount of parenting time you receive, and is almost always paid by the non-custodial parent.

This is because meeting a child’s basic daily needs is expensive, and—without support—these costs would disproportionately fall on the primary residence parent. Hence, child support helps even the scales and ensures both parents are held equally financially responsible for meeting the costs of raising their child.

California uses a specific formula called the “guideline calculator” to determine child support amounts. 

Your divorce decree will specify exactly how much child support must be paid, when payments are due, and how long they continue. It may also address other child-related expenses such as healthcare costs, extracurricular activities, and future college expenses.

Spousal Support

Children are not the only ones who need support post-divorce; sometimes one of the spouses needs help, too. And this is where spousal support comes into play.

Spousal support (also called “alimony”) is money a judge orders one spouse to pay the other, to help get them back on their feet, post-divorce. This money is awarded based on need, marital lifestyle established, and the other spouse’s ability to pay, and is not necessarily awarded in every case.

Payment qualifications are gender neutral and available to same-sex couples and fathers just as much as they are to the stay-at-home mom.

Your divorce decree will specify the amount, frequency, and duration of any spousal support payments.

For marriages lasting less than 10 years, spousal support in California typically lasts about half the length of the marriage. For marriages lasting 10 years or more—considered “long-term”—the court may not set an end date at the time of the divorce.

However, this doesn’t mean support is permanent. Instead, the court keeps the issue open and may revisit it later based on changes in circumstances, like a spouse becoming self-supporting. While open-ended support orders were more common in the past, courts today often expect both parties to work toward financial independence when possible.

How to Get a Divorce Decree

The only way to get a divorce decree is to get divorced. While a valid prenuptial agreement can help speed up the process, even these couples will need to formalize their split with a judge.

Divorce is not a one-size-fits-all situation, and there are several different types of divorce. In California, these include uncontested divorce, mediation, collaborative divorce, and divorce litigation. 

As a general rule, it’s always good to try settling out of court first. Negotiations like mediation are much less expensive and offer couples a greater amount of flexibility in dictating their own terms.

Once your divorce is finalized, you’ll receive a copy of your divorce decree. 

How to Obtain Copies of Your Divorce Decree

Whether you need a copy to change your name, apply for a mortgage, or remarry, knowing how to obtain your divorce decree is important. In California, the process is straightforward but varies slightly by county.

Getting Certified Copies

When you finalize your divorce, the court typically provides one certified copy of your decree. If you need additional certified copies later, you’ll need to request them from the Superior Court in the county where your divorce was granted.

Most California counties offer three ways to request copies:

1. In person at the courthouse
2. By mail with a written request
3. Online through the county court’s website (available in larger counties)

The fees for certified copies range from $15-25 per copy, depending on the county. Most courts accept credit cards, money orders, or cashier’s checks. Fees can vary and may change over time.

What You’ll Need to Request a Copy

To obtain a copy of your divorce decree, you’ll typically need:

• Names of both parties
• The case number (if you have it)
• The date the divorce was finalized (approximate is fine)
• Your identification
• Payment for the copy fee

Differences Between Document Types

When requesting copies, be aware of the different document types:

• Divorce Decree/Judgment: The complete court order containing all terms of your divorce.
• Certificate of Dissolution of Marriage: A shorter document that simply verifies a divorce occurred without the detailed terms.

For most legal and financial purposes, you’ll need the full divorce decree rather than just the certificate.

Online Records

California does not maintain a centralized online database for divorce records. Each county maintains its own records, and access policies vary. While some information may be available through online court record systems, full divorce decrees typically require a formal request and payment.

Enforcing Your Divorce Decree

While you might not like your judge’s decisions, it’s important to note that divorce decrees are non-negotiable. Once your divorce is finalized, you will be expected to carry out your responsibilities, as outlined, or risk facing serious financial and legal consequences.

When a former spouse doesn’t follow the decree’s terms, you have several enforcement options in California. For property division issues, you can file a motion for enforcement or contempt with the court. For child support and alimony, you can work with the California Department of Child Support Services, which has powerful collection tools at its disposal.

Different aspects of a divorce decree have different enforcement timeframes in California. 

• Child Support: Arrears are enforceable until paid in full, and the statute of limitations is 10 years from the date each payment becomes due. However, judgments for support may be renewed, effectively allowing indefinite enforcement if properly maintained. Support obligations typically end when the child turns 18, or 19 if still in high school full-time and not self-supporting.
• Spousal Support: Similar to child support, unpaid spousal support orders are enforceable for 10 years from the due date of each individual payment, unless the judgment is renewed. Therefore, enforcement is possible beyond 10 years if the creditor spouse renews the judgment before it expires.
• Property Division: In California, enforcing property division orders from a divorce usually needs to happen within 10 years, especially if the order includes a money judgment. However, not all property orders are the same. For example, if the court ordered your ex-spouse to transfer property (like a house or retirement account), how and when you can enforce that may depend on the specific type of order. In some cases, you can ask the court to renew or extend the judgment before it expires. 
• Child Custody and Visitation Orders: These are considered ongoing orders and not final judgments, so they do not have a statute of limitations while the child is a minor. However, they are subject to modification based on the child’s best interests.

Depending on which part of the order is being violated, enforcement consequences could include:

• Liens on real property or bank accounts
• The suspension of licenses (both professional and vehicular)
• The intervention of tax returns, federal or state benefits, and even lottery ticket winnings
• A criminal charge of contempt of court, in extreme circumstances.

California courts take divorce decree violations seriously. That being said, California courts understand that life isn’t stagnant, and circumstances often change. Which is why, in some situations, you may be able to modify your divorce decree.

Modifying Your Divorce Decree

There are two ways a divorce decree in California can be modified:

• By appealing the judgment. 
• By filing a Motion to Modify with the court.

If you believe the court made a legal or procedural error in your divorce judgment, you may have grounds for an appeal. While the appeals process can be more complex than an initial trial, it can also be a powerful tool for correcting unjust outcomes, especially in cases involving significant financial or custody issues.

Appeals must typically be filed within 60 days of the final judgment, so timing is critical. These cases require a detailed review of the trial record and strong legal arguments to show that the judge’s decision was legally incorrect or unsupported by the evidence.

Modifications, on the other hand, are much more common and can be requested if there has been a significant change of circumstance. 

These changes might include:

• A substantial increase or decrease in either party’s income 
• Relocation that affects custody arrangements 
• Changes in the children’s needs 
• Health issues that affect earning capacity or parenting ability

The exact process for requesting a modification depends on which area of your order you want to modify. Child custody and support modifications generally require showing a significant change in circumstances, while property division terms are much harder to modify after the judgment is final.

Modifications cannot be applied retroactively, so it’s important to act quickly if you need one, especially if the modification is financially motivated. For example, if you lose your job and need to reduce support payments, the court can only modify from the date you filed your request, not from when you lost your job.

California courts have implemented a streamlined process for certain modification requests, allowing for faster resolution of straightforward cases through online filing systems in most counties.

Do You Need a Divorce Attorney in California?

Divorce decrees contain all the terms of your divorce. Many of the decisions made in this document can be expensive and difficult to change, which is why it’s so important to get it right the first time.

The terms in your decree will affect your financial future, your relationship with your children, and your day-to-day life for years to come. Working with an experienced attorney ensures your interests are protected and the decree accurately reflects your needs and rights.

For high-value estates, the stakes are even higher. Complex asset portfolios, business interests, and substantial retirement accounts require careful handling to ensure fair division. Similarly, cases involving children with special needs or unusual custody situations benefit from specialized legal guidance.

If you have more questions about a divorce decree in California and how you can expect some of these issues to resolve, we want to hear from you. 

Call Provinziano & Associates at (310) 820-3500, or get in touch online, and let us help fight for your interests in these important matters.

Disclaimer: This blog is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Every family law case is unique, and outcomes depend on individual circumstances. Legal representation with Provinziano & Associates is established only through a signed agreement. For personalized advice, please contact our team at 310-692-7065 to schedule a case evaluation.