Stipulations are agreements or admissions of factual information that both parties accept in a family law proceeding. They help the court identify facts that are not disputed or contested, allowing the case to progress more efficiently. These stipulations can be found in divorce, child custody or visitation, child support, and paternity cases.
For example, in a divorce proceeding, the couple may agree on the years they were married, and this information becomes a stipulation. This agreement means they will not argue over their marriage duration in court, and the court doesn’t need to address the matter.
What Issues Can Be Addressed in a Family Law Stipulation?
A family law stipulation should only include factual information and not involve arguments of law or legal theories. Most stipulations in family law cases involve procedural matters, such as agreeing to extend a filing deadline or exchanging documents.
Another common aspect of family law stipulations is deciding how the case will be adjudicated or resolved. The parties may agree to classify their case status as one of the following:
Conventional
In a conventional family law case, neither party has legal representation, meaning both parties are representing themselves. This is also referred to as being “pro se” or “self-represented litigants.”
In this scenario, people must navigate the legal system and understand the required procedures and paperwork without the assistance of an attorney. For example, a divorcing couple may choose the conventional approach if they have a relatively simple case with few assets, no children, and both parties agree on the terms of the divorce.
Managed
In a managed family law case, one or both parties have legal representation. This means that at least one party has hired a family law attorney to guide them through the legal process, advocate for their interests, and provide advice on their rights and obligations.
For example, a couple going through a contested divorce, where they cannot agree on issues such as child custody, alimony, or asset division, may opt for a managed case. Having legal representation can help ensure that their rights are protected and that they have a better understanding of the complex legal procedures involved in their case.
Diverted
In a diverted family law case, the court recommends or encourages the parties to pursue Alternative Dispute Resolution (ADR) methods. ADR is a way of resolving disputes outside of the traditional court system, often resulting in a more cooperative, less adversarial process.
Two common ADR methods used in family law cases are:
- Family Mediation: In family mediation, a neutral third party, known as a mediator, facilitates communication and negotiation between the parties to help them reach a mutually acceptable agreement. The mediator does not make decisions for the parties but instead guides them toward finding common ground and resolving their disputes.
- For example, a couple going through a divorce may choose mediation to address issues like child custody, parenting plans, and property division in a more collaborative and less confrontational setting.
- Collaborative Family Law: In collaborative family law, both parties retain separate attorneys who are trained in collaborative law techniques. The parties and their attorneys commit to working together to reach a negotiated settlement without going to court. If they cannot reach an agreement and decide to go to court, the collaborative attorneys must withdraw from the case, and the parties must hire new lawyers for litigation. This process encourages open communication and cooperation, aiming to create a more amicable resolution.
- For instance, a couple with children and significant assets might choose the collaborative family law approach to work together on creating a fair and balanced settlement that considers the best interests of all parties involved.
All stipulations for family law proceedings must be in writing, except when made on the record during a court session.
How Do Stipulations Impact Family Law Proceedings?
Stipulations can significantly influence the outcome of family law cases. The facts agreed upon in stipulations are binding throughout the case and even beyond its conclusion. However, stipulations only bind the parties involved and not any third parties.
Stipulations can be used as evidence during a trial and may also serve as a basis for granting or denying a request to modify a court order. For example, if a child custody arrangement needs modification due to changing circumstances, the parties will need to agree on new facts and create an updated stipulation that addresses the change.
Properly addressing stipulations is essential, as they can affect the results of a family law case and any future modifications. Consulting a family law attorney can help reduce risks associated with filing a stipulation.
What If the Parties Cannot Reach a Stipulated Agreement?
Sometimes, a court official assigns a case status to the parties, and they are encouraged to form a stipulation agreeing to accept the status. If the parties cannot agree on the case status, they must file a “non-stipulation.” This formal declaration indicates that the parties couldn’t agree on specific facts or procedural matters. Filing a non-stipulation may result in the waiver of certain rights, such as the right to contest a case assignment.
If the parties cannot reach a stipulated agreement, the case will typically proceed to trial or a hearing, where the court will make a decision based on the evidence presented. If the issue is minor, such as a disagreement over a procedural matter, the judge may intervene and make a ruling to move the case forward.
However, if the disagreement is significant and cannot be resolved, the case may need to go to trial. In a trial, each side will present their evidence, and the judge or jury will make a decision based on the facts presented. Going to trial can be a time-consuming and costly process, so it is generally in the best interests of both parties to reach a stipulated agreement whenever possible.
Do I Need a Family Lawyer for a Stipulation?
Family law proceedings can be complex, and determining which facts are relevant to support your claim might be challenging. A family lawyer can help guide you through the stipulation process and other related legal documents or agreements.
Your family law attorney can also advise you on what statements to include in a stipulation, helping you avoid lengthy disputes or added confusion during the trial.
How Can LegalMatch Help?
LegalMatch is an online legal matching service that can help you find a family lawyer in your area who is experienced in handling stipulations, and other family law matters.
Here’s how LegalMatch works:
- You submit your case details: First, you’ll need to provide information about your case, including the type of legal matter, your location, and a brief summary of your situation.
- Lawyers respond to your case: Once you submit your case details, lawyers in your area who are interested in your case will review your information and respond with their qualifications, experience, and pricing information.
- You review lawyer profiles: LegalMatch will provide you with a list of lawyers who have responded to your case. You can review their profiles, read client reviews, and compare their qualifications to help you make an informed decision.
- You select a lawyer: After reviewing lawyer profiles, you can select the lawyer you want to work with. LegalMatch makes it easy to connect with your chosen lawyer, so you can start working on your stipulation right away.
Use LegalMatch to help find a qualified family lawyer who can guide you through the stipulation process and ensure that your legal rights are protected.
