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Interim 'So-Ordered' Stipulations

By Russell I. Marnell and Scott R. Schwartz

During your representation of a spouse in a matrimonial action, the parties enter into a written stipulation. This stipulation may pertain to temporary child support or temporary custody or any other issue pendente lite. This stipulation is ultimately “so-ordered” by the court and states that the parties' agreement shall be effective until further written agreement of the parties or until further order of the court. The parties ultimately go to trial on all issues and the court issues a trial decision that is then memorialized in a judgment of divorce.

In New York, as one example, if the parties' So Ordered stipulation is either incorporated by reference in the judgment of divorce or if it merges into the judgment, the stipulation will be enforceable after the signing of the judgment; in the first instance, it will survive the signing of the judgment, or in the latter instance, it will become a part of the judgment itself.

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