So when is my divorce final?

It’s a question that has a far more complicated answer than you would think (which is probably not a surprise when speaking with a lawyer).

First of all, the provisions of decree (the order signed by the judge dissolving the marriage) become legally effective immediately. That means any support orders, custody plans, division of property, or any other order carries the force of law.

However, there is an “interlocutory period” of thirty days when the divorce isn’t final. A divorce decree is like any order, and any order can be appealed to the Court of Appeals. Parties have thirty days from the entry of a decree to file an appeal (it’s not quite that simple but that conveys the basic idea). It’s not until after that interlocutory period has passed that a divorce decree is considered final.

But wait, there’s more. For two very specific purposes, a divorce decree isn’t final for six months after the judge signs it.

First, a divorce is considered final for six months after entry for purposes of remarriage. By law, you can only be married to one person at a time. So the effect of this statute is you can’t get remarried until six months after your divorce decree is entered.

The other reason is for continuation of health insurance. We’ve talked more about that provision here.