Must stipulation be included in divorce papers. can you let the judge decide

Asked 4 months ago - Brentwood, NY

preparing divorce papers and have option to follow direction of stip or court decision

Attorney answers (4)

  1. Sandra M. Radna

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . The judge only "decides" if you have a trial. If you have a signed stipulation with regard to the issues in your divorce, it should be attached to your divorce papers.

  2. Howard E. Knispel

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . You need to request a trial from the judge.

    The above is a general answer and is not considered legal advice. You should contact an attorney before... more
  3. Steven P. Kuhn

    Contributor Level 13

    1

    Lawyer agrees

    Answered . If you have settled your case you must attach the written stipulation so that the judge and court clerk will know what to approve. They will also read it to make sure that it is in general compliance with the law. The judge will not fill in blanks unless you have a hearing and a decision is made.

  4. Andrew T. Velonis

    Contributor Level 12

    1

    Lawyer agrees

    Answered . What do you want the judge to decide? If you and your spouse have agreed on all the issues, just write it up, both of you sign, and that's that. If your STBX doesn't want to sign anything, or disagrees on what the terms should be, then write that up and submit it to the court. The Court Clerk will probably have the both of you come in to hash out the details, and if that doesn't work, then you get a judge to decide for you. But you at least need to show that you have made a good faith effort to resolve all issues before getting the judge involved.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce Court

Divorce court is where the divorce process takes place. The court may determine matters like alimony, child custody, and property division.

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