What is stipulated divorce?
A stipulated divorce is sometimes referred to as an uncontested divorce. In instances where a stipulated divorce occurs, a stipulation (an agreement between the parties) is prepared for a judge's approval. The stipulation includes the agreement between the husband and the wife and resolves all of the issues which would otherwise be settled by the court. The stipulation will include a financial disclosure form, division of the marital assets, property division, and custody, as well as support or maintenance agreements.
Judges Must Approve Stipulations
Even if the parties fully agree on all of the terms specified in the stipulation, the judge (or family court commissioner) must approve the stipulation. Until such time that the judge actually approves the stipulation, the divorce is not final.
Do judges ever not approve a stipulation?
That is a question that is often asked of Wisconsin divorce attorneys by couples agreeing to a stipulated divorce. The real answer is yes, judges will sometimes refuse to approve the stipulation, but that is often not the case. In most instances when a stipulation is not approve either one or both of the parties were not represented by a divorce attorney. In most instances when both parties have been represented by their own divorce attorney, a judge will approve the stipulation. As well, judges usually approve stipulations when the couple uses only one attorney.
What Happens After The Stipulation Is Approved
Once the judge approves the stipulation, the judge signs the Findings of Fact, Conclusions of Law and Judgment. Each party will receive a copy of this document for their permanent records.
Contact Wisconsin Divorce Attorney
If you are contemplating a divorce, if you have already begun the procedures for a divorce, or if you want to mediate or stipulate to the terms of divorce, please call (608-246-8309) the law offices of Attorney Kathleen Reiley.