Q: only have copy of stip. can it be enforced even if it was not included in divorce
A: David's Answer: A stipulation that has not been "so-ordered" or incorporated into a judgment cannot be enforced within the matrimonial action. Depending on whether it's a properly-drawn stipulation of settlement or separation agreement, it's arguable its nevertheless enforceable as a stand-alone contract. That said, I'd need more facts as to why - if it was a stip of settlement - it was not incorporated into the judgment. Schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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