What Is a Stipulated Divorce Hearing?

By Timothy James

In a stipulated divorce hearing, a judge reviews a divorce settlement and decides whether to approve it. Some states refer to a stipulated divorce hearing as an uncontested divorce hearing. The word "stipulated" means that the parties agree on the facts and agree that the court can rely on those facts in deciding the case. For many divorcing couples, a stipulated divorce hearing plays an important role in bringing their marriage to a close.

In a stipulated divorce hearing, a judge reviews a divorce settlement and decides whether to approve it. Some states refer to a stipulated divorce hearing as an uncontested divorce hearing. The word "stipulated" means that the parties agree on the facts and agree that the court can rely on those facts in deciding the case. For many divorcing couples, a stipulated divorce hearing plays an important role in bringing their marriage to a close.

Preparing Documents

Parties prepare for a stipulated divorce hearing by agreeing on a marital settlement that divides their assets and debts and addresses the future care of any children. Then, they submit a stipulated divorce agreement or marital settlement agreement to the court. Both parties and their attorneys sign the stipulated agreement. Some states require the parties to submit an affidavit, child support calculation worksheet, and other materials such as a list of marital property and debts. The stipulated divorce agreement also contains factual findings and legal conclusions.

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Attending the Hearing

After the parties file the required documents, the state will assign a judge to review the case. Many states require that you and your attorney attend the hearing, but others do not require your attendance unless the judge requests it. If your attendance is required, the court will inform you of the time and place of the hearing. If you can't attend your hearing, speak with your attorney. Most states allow the parties to reschedule.

The Stipulated Divorce Hearing

During the hearing the judge may speak directly with the parties and ask questions about the case. The judge may also confirm that the parties understand the agreement and that they meet the residency requirements for divorce. Some courts require that you bring a witness to testify concerning the circumstances of your hearing. If the judge doesn't have many questions, the stipulated divorce hearing may take very little time.

The Court's Approval

A judge must approve the stipulated agreement before it can become binding and enforceable. Many stipulated divorce agreements pass the court's review without issue, but courts can nevertheless withhold approval. This sometimes happens when the parties fail to meet the state's residency requirements or the judge does not believe one of the parties understands the terms of the divorce. A judge will also refuse to approve an agreement that violates the law or a relevant public policy.

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References

Related articles

Difference Between a Final Divorce Decree & a Settlement Agreement

When getting a divorce, spouses deal with the emotions involved with feelings that may range from sadness, anger and disillusionment to resignation and acceptance. They deal with the day-to-day needs of any children involved as well as the physical movement of property from one location to another. The court will require the spouses to convert those feelings, emotions and decisions to black and white in the form of a settlement agreement or the court will decide the terms of their divorce by decree after hearing the issues.

Divorce Process in Georgia

Georgia state laws govern the process of divorce. The state has adopted “no-fault” divorce, meaning you do not need specific grounds to file a divorce petition, other than a claim that the marriage is “irretrievably broken.” A hearing in civil court will be necessary, however, and the state also has residency requirements for couples seeking a divorce.

Texas Divorce Regulations

When couples divorce in Texas, they must follow procedural rules and regulations or risk having their case dismissed. Most of the procedural rules that apply to divorces filed in the state are found in the Texas Family Code and Texas Code of Civil Procedure. These state laws define eligibility, notice to the other party, deadlines, waiting periods, and documents to be filed. Each county also sets rules regarding filing fees, hearing schedules and court procedures that apply only to the divorces filed in that county. Finally, some judges set rules that apply only to hearings in their courtrooms.

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