A Divorce Stipulation Agreement

By Beverly Bird

In legal terms, a stipulation means there's no need for the court to rule on a certain issue, because the parties to the lawsuit already agree on it. You and your spouse might stipulate to certain facts as part of your divorce trial, such as the date you were married or separated, or the number of children you have. These things are not in dispute. You can also stipulate to a resolution of all issues and avoid a trial entirely.

An Agreement By Any Other Name

Divorce laws can become complicated when the same process goes by different names in various states. In California, a divorce stipulation agreement is called a stipulated judgment, and in Minnesota, it's called a stipulated divorce decree. By any name, if you reach such an agreement, it means your divorce is uncontested. There's no need for a trial because there's nothing for the judge to decide. To avoid trial, your agreement must encompass every possible issue, from property and debt division to custody and child support.

Court Approval

You're not officially divorced until you submit your agreement to the court for a judge's approval. He will usually give it as long as your agreement isn't grossly unfair to one of you, and if you haven't made any legal errors, such as both of you using the same attorney for advice. When the judge signs off on the agreement, its terms create your divorce judgment or decree.

Divorce is never easy, but we can help. Learn More
Divorce is never easy, but we can help. Learn More
Unconscionable Divorce Agreement
 

References

Related articles

Does a Comma Go in Front of LLC?

Placing or omitting a comma before the "LLC" in your company name is not mandated by any state law, though there are certain considerations that should be addressed to avoid any unwelcome results in the future. The bottom line: Either option -- including or omitting a comma -- is acceptable. Your choice is more a matter of personal preference rather than a grammatical necessity.

After a Divorce Agreement Is Settled, How Long Does It Take to Get a Divorce?

Don't expect to mark a date on your calendar when your family law judge will sign off on your divorce agreement. You and your spouse may have worked hard and efficiently to come to a compromise on all issues, but the court has its own review process.

Types of Pleadings in a Divorce

Like any legal matter, divorces can generate reams of paperwork. It can be a bit overwhelming, especially when terminology and requirements vary from state to state. The good news is that most states follow similar guidelines for pleadings. The bad news is that individual states sometimes call the same pleadings by different names.

Get Divorced Online

Related articles

What Happens if I Refuse to Sign a Separation Agreement in Virginia?

Virginia is one of a handful of states that does not recognize the phrase “legal separation,” but this doesn’t mean you ...

Time Period for Contesting a Final Divorce Decree in Texas

Divorce is often a controversial process. It’s not uncommon for a spouse to agree to terms, then realize he made a bad ...

Michigan Law on Divorce Settlements

Michigan is one of the few states where judges can consider marital misconduct when dividing property in a divorce. ...

How to Contest an Uncontested Divorce in Mississippi

When spouses not only agree to be divorced, but also on the reason for the divorce and terms of the divorce, they can ...

Browse by category
Ready to Begin? GET STARTED