Stillings & Buchinger, LLC

stipulated divorce

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"Stipulated divorce" is a common term used to refer to a uncontested divorce in which an agreement has been made and may have been set to written form.

A stipulation is a legal agreement. To stipulate to any fact is to agree mutually to that fact. Stipulations are used in the legal system to indicate that such an agreement - a mutual agreement - has been made and both sides agree to do that which the stipulation provides. In most instances, a stipulation is made to facts that are self evident or that would otherwise require a court to go through a set of procedures to determine the fact.

For example, if two parties are in court over a matter involving marital property and the proceedings include the legal description of a home. During the divorce, the legal description was typed incorrectly on a form. A stipulation to the fact that the legal description was typed in error and that it defines the same house would be a stipulation agreement.

Stipulations can address just one issue or a variety of issues. Every divorce involves a variety of issues. When a stipulation is used in divorce proceedings, they detail several legal settlements. They must address the spousal property, the marital property and the division of that property. If children are involved, the stipulation must address child custody and support of those children. While parents can agree to pay no child support from one parent to another, they cannot avoid telling the court that is their intent.

If you and your spouse are fully agreeable on all of the issues of divorce, it is wise to have an attorney review the stipulated divorce agreement before submitting it to a court.