Do I Have To Go To Court For A Mediated Agreement?
One of the most popular questions about mediation is, “Do I have to go to court for a mediated agreement?” The answer is yes. Upon the completion of a successful mediation, the Mediator prepares a comprehensive written Agreement that resolves all relevant issues, such as parenting and custody, financial issues and the equitable distribution of assets and debts, among others. Finalizing and signing of the the written Agreement, does not mean that the marriage is dissolved.
To be divorced requires that a court action for dissolution of marriage be instituted and to do that there is the need to file certain documents in Court, which start with a Petition, and that proper notification of the action is given to the other spouse.
The court documents can be prepared in a number of ways. One option is to prepare the required forms which are available at the court clerk’s office. The second option is to have someone prepare the forms for you, such as a mediator, or an attorney.
- Court documents will be started by your attorney or mediator once a court action has commenced
- Both parties will have to make two court appearances to file the necessary documents and to finalize the divorce
- A judge will review the separation agreement to make certain that it is fair and equitable for both parties and any children involved