During the divorce process, spouses often need to decide how certain issues such as child or spousal support, marital property division, or child custody will be handled while the parties work to dissolve the marriage.
Stipulations are agreements between the parties of a divorce which are presented to a judge before a trial so that temporary orders can be issued. Temporary orders cover various issues such as child custody before the couples go to trial or reach a settlement, whether one spouse will be granted exclusive use and possession of the marital residence during the divorce, and any other issues that need immediate attention as the divorce proceeds. Temporary orders remain in effect until the divorce is finalized and may be used as a framework for the terms of a divorce settlement. Because agreements made during the divorce can influence the terms of a settlement, it is important to work with an experienced attorney to understand the issues and protect your rights before entering into any stipulation agreements.
Temporary orders can address legal child custody and physical placement during the divorce. A parent may want to agree to a temporary custody arrangement that closely resembles what he or she hopes will be the permanent custody agreement to demonstrate to the court that the temporary parenting plan is working well and serves the child’s best interests.
Agreements regarding how marital assets will be divided or used during the divorce may also be stipulated. Who will stay in the family home while the divorce proceeds? How will a jointly owned vehicle be used? How will shared expenses be covered? Thoughtful consideration should be given to the division of assets and debts when drafting temporary orders.
Temporary orders may include spousal maintenance, and most certainly child support. All factors under state law must be considered when determining if alimony will be paid while the divorce proceeds as it may influence whether spousal support will continue after the divorce is finalized. Temporary child support orders will typically follow defined standards under the law.
When drafting stipulations for approval by a judge for the purpose of issuing temporary orders during a divorce, it is required that (A) both parties fully understand what they are agreeing to, (B) that neither party is pressured or forced into agreeing to the terms, and (C) all relevant facts and applicable laws are taken into consideration before entering into the agreement.
Contact an Experienced Divorce Lawyer for Help
Working with an experienced divorce attorney is important when deciding how certain issues such as child or spousal support, marital property division, or child custody will be handled during your divorce. When you have questions regarding stipulation agreements and temporary orders in a divorce, contact the law office of Jane E. Probst for immediate assistance today 414-210-3135.