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  1. #1
    Join Date
    Dec 2012
    Location
    Indiana
    Posts
    28

    Default Who is Responsible to Draft a Divorce Decree

    My question involves a marriage in the state of: Indiana

    I have been puzzling over something for some time; hoping someone here can direct me to the right information or how to obtain it.

    WHO actually writes the Divorce Decree?

    The reason I am puzzled is that when I have gone in front of the same judge pro se, the orders that came out seem a LOT different that what came out in the divorce decree.

    I know there are "standing orders" in the medical field, verbal orders that require signature in a certain length of time after issuance. It's just hit me that maybe there is similar in Court? Thing with the Court orders I've received, though, is that I often will see what seem like "sloppy errors" - not something someone with an advanced education would (seem likely) to write - or omit.

    Since many occasions I thought I was going "to Court" or "to hearing" were nothing more than sitting in a little room with attorney, obviously there is much I don't know. Can anyone enlighten me to who actually authors the Court orders, in particular the final order in divorce: the Decree? Thanks in advance!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Who is Responsible to Draft a Divorce Decree

    The court may order one party or the other to prepare a divorce decree following the entry of a settlement or a divorce judgment. Most often the plaintiff writes a draft which is submitted to the defendant for review and correction, or is potentially submitted to the court for entry with a window of time during which the defendant may object to its terms, propose alternative language, and request a hearing on any disputes.

  3. #3
    Join Date
    Dec 2012
    Location
    Indiana
    Posts
    28

    Default Re: Who is Responsible to Draft a Divorce Decree

    I know this is old, but I want to let you know I appreciate your answer. I actually sort of figured it out when I came across what I had been given in the first divorce initiated by ex-spouse. Paperwork drawn up by his attorney granting him everything except a beater car; he would get custody and I could have visitation ONLY in that county and in the presence of ex-husband or his parents. There was a space for the judge to sign it and I received a "waiver of final hearing". At that time, I was talked out of the divorce (that he filed for) without EVER learning that the proposal would NEVER have stood up in Court (I was represented at the time but never realized, either, that my attorney never had a copy of this "proposal").

    I also wondered because in this past divorce decree (which I tried to motion for reconsideration, etc), the main point which was spelled out was the award of attorney fees after sale of the house (which never occurred, legitimately, because of the vague and sloppy nature of the document), with very specific instructions and amounts.

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