Also known as:decrees of dissolution of marriage · divorce decree · dissolution decree
Written by attorneys — see sources 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.
See Our Sources
How its tested
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.
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)
Donna Rae Egelhoff was married to David A. Egelhoff. Mr. Egelhoff was employed by the Boeing Company, which provided him with a life insurance policy and a pension plan. Both plans were governed by ERISA, and Mr. Egelhoff designated his wife as the beneficiary under both.
In April 1994, the Egelhoffs divorced. Just over two months later, Mr. Egelhoff died intestate following an automobile accident. At that time, Mrs. Egelhoff remained the listed beneficiary under both the life insurance policy and the pension plan. The life insurance proceeds, totaling $46,000, were paid to her.
Respondents Samantha and David Egelhoff, Mr. Egelhoff's children by a previous marriage, are his statutory heirs under state law. They sued petitioner in Washington state court to recover the life insurance proceeds. In a separate action, respondents also sued to recover the pension plan benefits.
The trial courts, concluding that both the insurance policy and the pension plan "should be administered in accordance" with ERISA, granted summary judgment to petitioner in both cases. The Washington Court of Appeals consolidated the cases and reversed. Applying the statute, it held that respondents were entitled to the proceeds of both the insurance policy and the pension plan. The Supreme Court of Washington affirmed.
Courts have disagreed about whether statutes like that of Washington are pre-empted by ERISA. The Supreme Court granted certiorari to resolve the conflict.
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)
The parties were married in 1937 and lived together in New York until 1942 when the husband left the wife.
There was no issue of the marriage. In 1943 she brought an action against him for a separation. He entered a general appearance. The court, finding that he had abandoned her, granted her a decree of separation and awarded her $180 per month as permanent alimony.
In January 1944 he went to Nevada where in 1945 he instituted an action for divorce. She was notified of the action by constructive service but entered no appearance in it. In May, 1945, the Nevada court, finding that petitioner had been a bona fide resident of Nevada since January 30, 1944, granted him an absolute divorce on the ground of three years continual separation, without cohabitation. The Nevada decree made no provision for alimony, though the Nevada court had been advised of the New York decree.
Prior to that time petitioner had made payments of alimony under the New York decree. After entry of the Nevada decree he ceased paying. Thereupon respondent sued in New York for a supplementary judgment for the amount of the arrears. Petitioner appeared in the action and moved to eliminate the alimony provisions of the separation decree by reason of the Nevada decree. The Supreme Court denied the motion and granted respondent judgment for the arrears. The judgment was affirmed by the Appellate Division and then by the Court of Appeals.
This case is here on certiorari to the Court of Appeals of New York.
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)
Anne P. Graham and Dennis J. Graham were married on August 5, 1968, in Denver, Colorado. Throughout the six-year marriage Anne worked full-time as an airline stewardess and contributed seventy percent of the financial support used for family expenses and Dennis's education. Dennis attended school for approximately three and one-half years of the marriage and obtained a bachelor of science degree in engineering physics and a master’s degree in business administration at the University of Colorado. The couple jointly managed an apartment house and Anne performed the majority of the housework and cooking. No children were born during the marriage and no marital assets were accumulated.
On February 4, 1974, the parties jointly filed a petition for dissolution in the Boulder County District Court. Anne did not make a claim for maintenance or attorney fees. After a hearing on October 24, 1974, the trial court found that the education obtained by Dennis during the marriage was jointly-owned property. The court evaluated the future earnings value of the M.B.A. at $82,836 and awarded Anne $33,134 payable in monthly installments of $100.
The Colorado Court of Appeals reviewed the trial court's decision in Graham v. Graham, 38 Colo. App. 130, 555 P.2d 527 and reversed it. The Supreme Court of Colorado then took up the case.
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)
…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. (6) Defendant's third contention is noteworthy for the lack of authority advanced…