Stipulations / Joint Divorce

Southern Minnesota Divorce Attorney

custody lawyerIt is possible for a couple to file a joint divorce petition. This means that a single attorney can work for both parties. The reason why this is possible is because the parties agree on the terms of the divorce. They may have already discussed matters and concluded what they wanted to do, reducing the need for any kind of litigation and making the process as easy as possible.

As for the divorce stipulation, it is a tool that tends to be overlooked. It is typically asked for in the pre-trial statement, but the number of stipulations is usually zero because there tends to be a rush when preparing for trial. At Birkholz Law, LLC, stipulations are explained to you so you can make an informed decision regarding your divorce and so you can be adequately prepared for your divorce. As a matter of fact, using stipulations can save both time and money.

Stipulations Defined

A stipulation is a written statement that contains facts that both spouses agree upon. The stipulations are then submitted to the judge before the case ever goes to trial. Stipulations save time and money because they can be used as evidence instead of using witness testimony and this means that your attorney will have to do less work, which will be reflected in your reduced attorney fees. The judge is also given important facts that he or she needs, such as the names of the spouses, the duration of the marriage, names and ages of children, ages of the spouses, and other relevant acts such as:

  • Income sources and income
  • Jobs
  • Assests
  • Health of each party
  • Liabilities

If your spouse does not sign your stipulations, you can choose to submit them as a Statement of Facts. Even if your spouse disputes the facts that you have submitted, he or she will have to specify what they are disputing. This will help your Southern Minnesota stipulations/joint divorce attorney pinpoint problems that the judge should be informed of.

Joint Petition For Divorce

When filing a joint petition for divorce, the parties will have wanted to have decided on all of the important terms. They want to agree on the fact that at least one of the parties has resided in Minnesota for at least six months, the date of the marriage, the date of separation, the physical custody of any children, an agreement on child support and alimony, whether or not any harassment or protection orders are in effect, whether there are any other legal proceedings anywhere, whether either party is serving in the military, income information, if public assistance is had by either, whether either party wishes to do a name change after the divorce decree is finalized, medical insurance information, and the division of property and debt. If all of that is agreed upon, the process will be finalized rather quickly.

Contact A Mankato Divorce Lawyer

Sometimes divorces are mutual and that means being able to go through a smooth divorce process. It is possible for an attorney to represent both parties in a joint divorce, but caution does have to be used in this case. If a joint divorce is what you desire, you can talk to Birkholz Law, LLC about what to do next. Call our Mankato office at 507-387-2100, the St. James office at 507-375-3374, or the Westbrook office at 507-274-6501 for a free consultation.