My husband and I are seriously considering mediation instead of going right to divorce court but I have a question. I understand we can work together to pick a divorce mediator that both of us are happy with, but what happens at the end of it all? Will the divorce mediator accompany us to court to help make sure that we both get what we agreed to or are we on our own? Thank you.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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The answers and information provided on this site are for informational purposes only and are NOT substitutes for professional legal advice. Before making legal decisions, you should discuss your specific circumstances with an attorney.
After mediation for divorce
No, typically a divorce mediator will not go to court with either or both of the parties. If you have some doubts about what you and your husband are agreeing to, or if you simply want to protect your rights in the process, the better practice is to have an attorney review the mediation results and all documentation before signing anything. This documentation will include a joint petition for divorce, an affidavit of irretrievable breakdown of the marriage, the financial statements for you and your husband, the separation agreement, any alimony provisions and, if you have children, child support calculations.
Both you and your husband can hire an attorney to review the mediation results and the above mentioned documents. Or if you are comfortable with the documentation and the mediator is able to explain it all to you in a way that leaves no doubts in your mind, you can simply go to your hearing at the divorce court and seek approval. Follow this link for a good explanation of what happens after mediation when you go to court. Good luck.