A Step-by-Step Overview of Divorce Mediation, Part 3: What Happens After the Divorce Mediation Process?

Mediation is a form of alternative dispute resolution that empowers you and your spouse to make decisions about the outcome of your case out of court. However, once you and your spouse have reached an agreement, there are still additional steps that must be taken to finalize your divorce. If you’ve completed the divorce mediation process, you might be wondering what happens next. While we discussed what to expect during the mediation process in Part 1 of this blog series, and how to prepare in Part 2, in this blog post we will explain what happens after the divorce mediation process is over.

Draft a Written Agreement

Once you have reached an agreement with your spouse in mediation, the most challenging aspect of your divorce case is over. However, the terms of the agreement will still need to be compiled and memorialized in a signed, written settlement agreement. Your agreement should include provisions for all aspects of your divorce that were discussed and resolved in mediation, including the following:

• Property division
• Debt allocation
• Child custody and visitation
• Child support
• Spousal support
• Who will manage a family business
• How financial matters will be handled
• Who gets custody of the family pets

If there were certain aspects of your divorce that were unresolved during mediation, these issues will either have to be agreed upon at a later time or a judge would need to decide them in court.

Review the Settlement

After the settlement agreement is drafted, it’s essential to review the document with an attorney before it is signed or submitted to the court. This is a stage of the divorce mediation process that should not be rushed. It’s important to take the time to make sure that the terms of the agreement reflect what you discussed in mediation — and that you fully understand the terms. You should also consider any tax implications that could arise in connection with asset division and speak with an accountant if necessary, again - before the agreement is signed.

If you are uncomfortable with any of the terms of the settlement agreement, you can revisit the terms in a follow-up mediation, or with the assistance of an attorney. In addition, if there are any mistakes in the agreement, or provisions that should be added, deleted, or modified, the time to make the necessary corrections to ensure your rights are protected is before anything is signed.

File the Agreement and Wait to Receive Your Divorce Decree

In order for the mediation settlement agreement to be legally binding, it will need to be signed. In Order for the Agreement to serve as a basis for your Judgment of Absolute Divorce, it must be filed in court, along with the documents required to obtain an uncontested divorce. A judge will review the agreement to ensure the terms are fair to both parties, and in the best interest of your children. After a judge approves the settlement agreement, it will be merged (but not incorporated) into a binding court order - your Judgment of Absolute Divorce.

After you’ve signed your settlement agreement and submitted the agreement to the Court as part of a divorce filing, the last step of the divorce mediation process is to attend an uncontested hearing and receive your Judgment of Absolute Divorce. This Judgment is the document that finalizes your divorce. Once you have received the Judgment of Absolute Divorce, you can legally identify as divorced, get your former name back, transfer assets according to the decree, and remarry. If either party violates any terms of the divorce judgment, the other party can file a motion to legally enforce the terms of the settlement agreement. In the event the court finds that any of the terms of the order were violated, that party could be held in contempt of court.

Can You Change Your Divorce Settlement Agreement?

One of the biggest advantages of the divorce mediation process is being able to enter into an agreement that both you and your spouse are satisfied with and will be less likely to want to change. Importantly, you can’t simply change your mind after you have signed a settlement agreement reached in mediation. This is why it’s vital to carefully consider the terms of the settlement agreement you reached in the divorce mediation process.

Changing a divorce decree can be difficult, and sometimes impossible, unless both parties later agree to a change. The terms of a divorce settlement agreement must be followed. In the event that a change is required, you and your former spouse may be able to use the mediation process to negotiate any post-divorce modifications. In Maryland, child custody and child support are always subject to modification based upon a material change in circumstances.

While you can petition the court at any time for a change to a child custody, child support, or alimony order if your former spouse doesn’t agree with your request, certain legal requirements must be met. For instance, if there is a substantial change in financial circumstances, child support may be modified. Child custody may also be modified if family circumstances or a child’s needs change. But if your divorce agreement specifies that certain provisions (such as alimony) cannot be modified, you would not be able to change the terms unless you can show there was fraud or duress.

It is always easier and more cost-effective to reach an out-of-court agreement, if possible.

Learn More About the Benefits of the Divorce Mediation Process

The divorce mediation process can offer many benefits to spouses who are parting ways, including cost-effectiveness, efficiency, and privacy. At the Law Office of Shelly M. Ingram, we can best advise you regarding the mediation process and discuss whether it is right for your situation. Our divorce attorneys are committed to guiding clients through the legal and emotional process associated with divorce, whether mediation, litigation, or another form of alternative dispute resolution is the best avenue to pursue.

Contact Us for a Consultation

Trained in mediation, collaborative divorce, and traditional divorce, at the Law Office of Shelly M. Ingram, we will help you achieve a solution that will accomplish your objectives. To schedule a confidential consultation with an experienced Maryland divorce attorney, call us at (301) 658-7354 or contact us online.