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How Can Stipulations Affect a Wisconsin Divorce?
By: If you are getting a divorce in Wisconsin, it is essential to understand the procedures that will be followed during your case. One issue that you may need to address during the divorce process involves stipulations, which may put temporary orders in place that will determine how certain issues will be handled as you work to dissolve your marriage. By understanding the role that stipulations can play in your divorce and working with an experienced family law attorney, you can make sure you will be able to complete the divorce process successfully.
What Are Stipulations?
In a legal context, stipulations are agreements made between the parties involved in a case. As you proceed with the divorce process, you may reach agreements with your spouse on how certain issues will be handled, and you can then file a stipulation in court asking the judge in your case to approve these agreements and put temporary orders in place. These temporary orders may remain in effect until your divorce is finalized, or they can be modified when necessary. While the issues addressed in stipulations will not necessarily be the final decisions made about divorce-related issues, they can often serve as a framework for the terms of a divorce settlement, and agreements between you and your spouses may become permanent once your divorce decree is issued.
How Do Stipulations Affect Divorce in Wisconsin?
In Wisconsin, stipulations must be filed with the court for review before they become legally binding. This means that both parties must agree to the terms of the stipulation, and a stipulation must be approved by a judge. In order for a stipulation to be accepted by the court, it must meet certain requirements set out by Wisconsin law. These requirements will vary depending on the issues being addressed, but in general, both parties must fully understand what is being agreed upon, neither party may have been forced or coerced into agreeing to anything, and all relevant facts and applicable laws must have been properly considered when drafting the stipulation.
The requirements for stipulations related to specific divorce-related issues include:
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Child custody - When putting temporary orders in place to address legal custody and physical placement, all factors that affect the best interests of children must be considered. A judge must also consider whether a parent has engaged in domestic abuse or whether there are any other issues that may affect children's safety and well-being.
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Child support - Temporary child support orders will typically be required to follow the standards defined in Wisconsin law for determining parents' financial obligations toward their children.
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Spousal maintenance - All factors defined in Wisconsin law must be considered when determining whether one spouse will pay temporary spousal support to the other.
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Property division - When establishing agreements about how different types of marital assets will be divided between spouses, it is presumed that property should be divided equally, but other factors may be considered to ensure that the division of assets will be fair and equitable.
Working together to reach agreements and put stipulations in place can help the divorce process proceed more smoothly. If you and your spouse are able to reach an amicable agreement in advance, this can expedite the process while ensuring that both parties’ needs are met in accordance with state laws and regulations.
Contact Our Milwaukee Divorce Lawyers
Stipulations can play an important role in Wisconsin divorce proceedings, as they provide spouses with an opportunity to negotiate appropriate solutions outside of court that adhere to applicable state laws and regulations. Taking advantage of this option whenever possible can help reduce costs associated with lengthy litigation processes while ensuring that the rights and interests of both parties are protected. If you have any questions about how stipulations might affect your divorce, an experienced Milwaukee, WI uncontested divorce attorney at Gimbel, Reilly, Guerin & Brown, LLP, LLP can advise you on the best course of action for your particular case. Contact us at 414-271-1440 to set up a free consultation and get the legal representation you need and deserve.
Sources:
https://docs.legis.wisconsin.gov/document/statutes/767.333
https://www.wicourts.gov/formdisplay/FA-4100V_instructions.pdf?formNumber=FA-4100V&formType=Instructions&formatId=2&language=en
