Legal Stipulations in Court Cases: Understanding Enforcement and Consequences
What Are Legal Stipulations in Divorce Proceedings?
A legal stipulation is an agreement between the parties to a court case that operates to memorialize certain facts and issues that are not in dispute. They facilitate the ends of justice and can save the parties considerable sums of money in attorney fees.
Judges look favorably on stipulations. They save everybody in the courtroom time, and they're of great help in isolating the real issues to be decided.
Key Requirements for Valid Stipulations
The key to stipulations is that they must be voluntary. A judge can't make a party stipulate to anything. Once the parties agree to a stipulation, the court has full power and authority to enforce it, and it frowns upon anybody who changes their mind after stipulating.
When parties divorce, any stipulations between them are reflected in a court order, and they're expected to comply with that order.
Upon the motion of the party seeking to enforce the stipulation, there will likely be consequences.
The petition for contempt - Enforcement Process
The party seeking to enforce a stipulation can file and seek hearing on a petition to have the breaching party held in contempt of court, but the offending party will be given an opportunity to first show cause why a contempt finding shouldn't be made.
Compliance with the stipulation prior to hearing on the petition might be satisfactory, but the party who brought the petition might be entitled to reimbursement of court costs and attorney fees that were necessary to bring the action.
Ignoring the first hearing
Failure of the withholding party to be present at the first hearing in the contempt process will result in an order to show cause to be entered. Another date is set for a contempt hearing, and the judge will order how notice of the next court date should be served on the breaching party.
Ignoring the second hearing - Serious Consequences
If the breaching party is served with the order setting the contempt hearing date, and he or she fails to appear for that hearing, the judge is likely to issue a body attachment, and the sheriff is ordered to immediately bring the breaching party before the court.
The judge will set a bond on that attachment, and he or she will probably consider the value of the property being withheld in setting the bond amount.
The breaching party now has a choice. He can either comply with the stipulation to return the personal property, or he can forfeit his bond.
Then comes the issue of attorney fees.
Financial Consequences of Non-Compliance
The party who ignored what he had originally agreed to has now required you to incur legal fees for a consultation, drafting and filing of a contempt petition and at least two court dates. All of this could have easily been avoided had he simply turned over your personal property.
You'll likely be awarded your legal fees and any court costs.
A judge can make a person painfully aware of the consequences of ignoring stipulations and court dates that are necessary to enforce them.
How can I get a copy of our divorce decree? Official Document Retrieval Guide
The final decree, of the decree of divorce, is an official document. It's something that makes official - the divorce. It's signed by a presiding judge, and it will list the parties involved.
It officiates all the decisions made, regarding child custody, division of assets, and other affairs.
If you're a party to the divorce, it's extremely crucial you keep a copy of the decree in a safe place.
It will probably be requested in the future by agencies, and businesses of you, in order to verify your marital status. In most cases, the court will provide you with a certified copy of the decree.
It's quite easy though, to get another copy if you need it. If you aren't a party to the divorce, many courts will require additional paperwork before releasing a copy of the decree to you.
County Clerk's Office - Primary Source for Divorce Records
The court where you file the divorce, is required to keep a copy of the divorce decree in it's records. Depending on where you live, it will keep an electronic and hardcopy.
By state law, the court is required to keep the decree on file for a period of 7-10 years. If you need a copy, you should go to the clerk's office of the court, once you have an idea of where the decree is located.
Required Information for Record Retrieval
You will need identification, as well as the case number. If you don't have this number, the clerk can search by the party, the date, attorney, or judge.
If you aren't a party to the divorce, the court can require you to have a notarized letter, or signed affidavit from one of the parties.
Department of Records - Alternative Source
If the clerk no longer has the records in custody, you must apply to the
department of vital records, or registrar, in the county where the divorce took place.
If the county records department doesn't have it, you need to contact the state department of records. You can find the info online.
If you aren't a party to the divorce, you'll need to find a signed and notarized permission from one of the parties.
Attorneys - Legal Representatives as Resource
If you can track down a copy of the decree, and had an attorney represent you in the case - you can contact this attorney for a copy of the divorce decree. Attorneys keep files on hand for many years.
If your attorney doesn't have the file, you may be able to contact your ex-spouses attorney.
Online - Digital Record Services
As a last resort you may be able to get a copy of the divorce decree online. Various online services help you locate the decree. They typically charge a fee for this service.
If you need help, speak to one of our NYC divorce lawyers for a free consultation.
Enforcing Divorce Stipulations: Legal Remedies and Procedures
You've finally legally dissolved your marriage through a divorce, and now you reside separate and apart from your spouse, but you left certain personal property at the marital home.
Before the judge assigned to your case dissolved the bonds of matrimony between you and your husband, you both signed off on a marital settlement agreement that was approved by the court. Everything has been finalized except for the return of certain personal property that he stipulated he'd return to you.
Now he won't comply with that stipulation, and you want to know what remedies might be available to you.
Here's what you need to know.
Stipulations - Legal Agreements in Court Cases
A stipulation is an agreement between two parties to a legal case. That agreement is usually made before a hearing or trial, but stipulations might also be agreed upon during the course of a trial.
Parties might stipulate to certain facts, or they might stipulate to a certain remedy. In your case, your stipulation provided for the remedy of the return of your personal property that you left in the marital home.
Your remedy upon breach
Your marital settlement agreement was incorporated into your divorce decree, so that makes the stipulation to return your personal property part of a court order. Since your former husband is failing to comply with a court order, he'll be required to show the court cause why he shouldn't be held in contempt of court.
| Step in Process |
Required Action |
Potential Outcome |
| Initial Motion |
File motion to show cause |
Notice to breaching party |
| First Hearing |
Appear in court |
Order to show cause issued |
| Second Hearing |
Mandatory appearance |
Contempt finding possible |
| Enforcement |
Sheriff involvement |
Body attachment/arrest |
That's going to take time and money. You'll need to file a motion to have your former husband show cause why he shouldn't be held in contempt of court, and you must give him notice of your intention to do so.
Issuance of a rule to show cause - Court Enforcement Process
Your former husband need not appear in court on your motion to bring him into court to explain why he didn't comply with the court's order, but failure by him to appear should be noted in the court's order.
Another court date will be set, and at that time and date, your ex-husband will be required to be present to explain to the judge why he shouldn't be held in contempt of court for failing to comply with his stipulation and the court's order to return your personal property.
You must serve your ex-husband with the order to show cause. The court will tell you what kind of service is necessary.
To be held in contempt of court, a willful failure must be shown.
What if he fails to appear on the hearing date too?
If proper service was had on your former husband, and he doesn't appear for the contempt hearing date, it's likely that he'll be held in contempt. A body attachment could issue, and the sheriff of the county that he lives in could be ordered to take him into custody and brought before your judge.
It's likely that he'll be required to post a bond once he's picked up. Assuming that he's arranged for you to get your personal property back, he'll purge himself of contempt, but there's still the issue of the bond.
Ask for a turnover order before he can seek release of that bond money.
The turnover order - Financial Recovery
Judges frown upon their orders being ignored. That's why your ex-husband was taken into custody and had to post a bond.
You were required to:
- Retain an attorney
- Take off work
- Return to court at least two times to enforce a stipulation
If the bond that your former husband posted is turned over to you or your attorney, legal fees can be paid or reimbursed to you along with compensation for your time away from work.
Don't try to enforce a stipulation yourself by going to your ex-husband's residence and banging on the door. You could get yourself arrested.
The contempt process is complicated, and your former husband has rights too, but there's a right way of obtaining your property and a wrong way. The right way will eventually get his attention, and we do things the right way.
