What Is an Agreed Order
An agreed order is a court-issued judgment that incorporates the terms both spouses have negotiated and voluntarily accepted. Once signed by a judge, it becomes a legally binding court order with the same enforceability as any judgment reached after trial. This means violations can result in contempt of court charges, wage garnishment, or other enforcement actions.
How an Agreed Order Forms
The process typically unfolds this way. Both parties (or their attorneys) negotiate the divorce terms, which may include property division, spousal support, child custody, visitation schedules, and child support. Once agreement is reached, lawyers prepare a settlement agreement or stipulation that documents every term. This document is then submitted to the court. The judge reviews it to ensure it complies with state law and is not unconscionable or against public policy. If approved, the judge signs the order, making it final and enforceable.
The timeline varies by state. In some jurisdictions like Florida, there is a mandatory waiting period of 3 days before a divorce can be finalized. In others like California, the waiting period is 6 months. An agreed order can be entered once this period expires and all filing requirements are met.
What Gets Included
- Property and debt division: Specific assets (house, retirement accounts, vehicles) assigned to each party, with debt allocations clearly stated.
- Spousal support (alimony): Monthly amount, duration, and whether it terminates upon remarriage or a specific date.
- Child custody and visitation: Legal custody (decision-making authority) and physical custody (where the child resides), including specific pickup/drop-off times and holiday schedules.
- Child support: Amount calculated under your state's guidelines, typically based on both parents' incomes and custody arrangement.
- Tax and insurance provisions: Who claims dependent exemptions, maintains health insurance, and covers unreimbursed medical expenses.
- Attorney fees and court costs: Which party pays legal expenses.
Why Parties Use Agreed Orders
Avoiding trial saves significant time and money. Contested divorces in urban areas can cost $15,000 to $50,000+ in attorney fees alone. An agreed order typically costs 40 to 60 percent less. You also maintain control over the outcome rather than leaving decisions to a judge who has limited knowledge of your family's needs.
Agreed orders also reduce ongoing conflict. Spouses who negotiate terms directly tend to comply better and have fewer post-divorce disputes requiring enforcement or modification motions.
Can an Agreed Order Be Changed
Yes, but only under specific conditions. Most states require you to show a material and substantial change in circumstances since the order was entered. Examples include job loss, significant income increase, remarriage, relocation, or substantial changes in a child's needs. You must file a motion for modification with the court, and the judge decides whether modification is warranted. The original agreement alone does not prevent modification, especially regarding child custody and support, which courts will revisit if the child's best interests warrant it.
Common Questions
- Is an agreed order final? Yes, once the judge signs it, the order is final and enforceable. However, certain provisions like child support can be modified later if circumstances change significantly.
- What happens if my ex violates the agreed order? You can file a motion for contempt of court or file for enforcement. The court can order wage garnishment, asset seizure, or in serious cases, jail time for non-compliance.
- Do I need a lawyer to create an agreed order? Not legally required, but highly advisable. An attorney ensures the order complies with your state's specific requirements and protects your financial and custody interests. Many family law attorneys offer flat-fee services for uncontested divorces ranging from $1,500 to $3,000.