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
division, and custody,
as well as support
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
Once the judge approves the stipulation, an order is entered
in the court docket providing that a divorce decree should
be prepared consistent with the stipulation (and any additional
provisions approved or provided by the judge at the final
After the divorce decree is prepared, it is sent to the
parties through their attorney
Wisconsin Divorce Law
Under Wisconsin law, people may opt for
other types of divorce such as those listed below.
Divorce | Collaborative
Divorce | Cooperative
Divorce | Mediation