What is a stipulation?
A stipulation is a formal agreement between parties in a legal dispute, like a divorce.
When the two of you agree on something, a stipulation may be drafted by you or an attorney. The stipulation is presented to a judge for review before they issue your final divorce decree.
Stipulations can occur without agreeing on everything. For example, you and your spouse may agree on who will keep the marital home, but you still can't agree on who gets to keep the dog. In contentious divorces, making any progress like this can be a good thing. Not only will it help resolve issues, but it will also save you both time and money.
In a divorce stipulation, you and your spouse agree on something. The agreement could pertain to all matters of your divorce, a few issues, or just one issue. Regardless, when the two of you agree, you stipulate to the agreement, making it binding.
Stipulation examples in divorce
While couples generally stipulate to major issues, you can stipulate to anything. The most common examples of divorcing couples reaching a stipulation include agreements about the following:
- Child custody
- Child visitation
- Child support
- Alimony
- Possession of the marital home or other marital property
An example of a child custody stipulation
Let’s look at a child custody stipulation example. If you and your spouse have one minor child, you could stipulate that you will engage in shared parenting responsibilities. You will be the primary custodial parent, and your child will spend every other weekend, spring break, and half of the summer vacation with your spouse.
A formal stipulation agreement would contain much more detailed information, but this gives you a general idea of the types of matters you could stipulate in your divorce.
The biggest benefit to a stipulation is that you retain control over the divorce proceedings instead of going before a judge to let them decide. While you may not get everything you want, negotiating at least keeps some control in your hands.
Putting your stipulation in motion
Once you and your spouse agree on a matter, must write out what’s been agreed upon. Be as detailed as possible. This is your stipulation.
You then need to submit the stipulation to the court so a judge can review it to make sure it’s legally accurate and to question both you and your spouse to make sure you agree to the terms. Once the court signs off on the stipulation, you’ll both be legally bound by the terms.
Need help? Negotiating and drafting a stipulation in your divorce can be overwhelming. Hello Divorce offers free templates and other useful information you can use to ease your concerns about the divorce work in front of you.
FAQs
What is a divorce stipulation?
It’s a written agreement between spouses that resolves one or more divorce issues. Once approved by the court, it becomes legally binding.
What can a stipulation cover in a divorce?
It can address property, custody, support, or procedural matters like deadlines or filings.
Is a stipulation the same as a settlement agreement?
Not exactly. A settlement agreement covers all divorce issues; a stipulation may cover just one or a few.
Do both spouses have to sign a stipulation?
Yes. Both must voluntarily sign before the court approves it.
What happens after a stipulation is signed?
It’s filed with the court, reviewed by a judge, and becomes part of your final divorce judgment.
Can a stipulation be changed later?
Yes, but only if both spouses agree or if there’s a substantial change in circumstances.
Step-by-Step: How to Create and File a Divorce Stipulation
Decide what the stipulation will cover
Agree on the issue to be resolved — such as custody, support, or property.
Draft the stipulation
Write clear terms detailing what each party will do and include relevant dates or documents.
Review and sign
Both spouses must read and sign voluntarily. Some courts require notarization.
File the stipulation with the court
Submit it to the clerk with any required forms and pay any filing fee.
Wait for court approval
A judge reviews and signs the stipulation, making it legally enforceable.
Keep a copy for your records
Store an approved copy for reference, especially if it affects money, property, or custody.
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