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 (414-369-6309) the law offices of Attorney Kathleen Reiley.
Wisconsin State Licensed Attorney:
Attorney Kathleen (Kathy) Reiley exclusively practices law in the state of Wisconsin.
Practice Focus on Divorce and Family Law:
Attorney Reiley focuses her law practice in the area of family law, handling legal separation, Divorce, cohabitation, same sex marriages and divorces, child custody, legal custody, physical placement of minor children, child support, spousal support, paternity, marital property issues, and guardianships.
Divorce Trial Litigation and Divorce Mediation:
With more than thirty years of experience in family law, Attorney Reiley has also participated in the Dane County Bar Association Mediation Project since its inception. Attorney Reiley offers mediation services and divorce mediation, as well as collaborative divorce, cooperative divorce, contested divorce, litigated trial divorce, stipulated divorce, uncontested divorce, divorce of elderly spouses, spousal support (alimony), extensive real estate matters involved in divorce, post divorce modifications and actions, and child support modifications.
Kathleen Reiley, SC
Reiley Law Offices
7161 N Port Washington Road, Suite B
Milwaukee (Glendale), Wisconsin 53217
Telephone: (414) 369-6309
Regular Business Hours:
Monday - Friday: 8 AM - 5 PM
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Call Milwaukee Divorce Attorney Reiley Today:
To speak with Attorney Reiley regarding your situation, please call (414-369-6309) her or send her an email.