A decree is a legal term that is synonymous with the word judgment. Decree is used by courts that have to determine matters of equity and matters of law within the same proceeding.

Property division is determined by equity and law because the court must look at legal title as well as what is fair. For instance, the husband in a marriage may have earned all the income and the wife remained at home raised the family and maintained the home.

Fairness or equity requires that the court take into account the value of the wife’s contribution in being a homemaker.

Two of the most common forms of divorce decrees are interlocutory decrees and final decrees. Interlocutory divorce decrees are provisional decrees and are entered until the court has the information to consider all the issues in divorce.

A court generally makes interlocutory decrees involving temporary support, alimony, or custody. A final decree is the decree that determines all outstanding issues in a divorce proceeding.

 

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