The ideal result of your divorce mediation is a settlement agreement.
This is a formal document that summarizes everything you and your spouse have agreed to during the hard work of finding solutions to disagreements you had before mediation.
Having a settlement agreement means you have taken a crucial step toward finalizing your divorce.
However, it’s important to understand that this agreement doesn’t become legally binding immediately. Instead, there is a process that must take place with the court systems before it can be considered set in stone.
What is Included in a Settlement Agreement?
Your settlement agreement includes everything you agreed to with your spouse. As such, the agreement outlines how assets will be divided, how child custody will be handled, and what support payments will be made, among other things.
Once it’s compiled, you and your spouse will need to sign the document. It’s essential to ensure that the agreement reflects everything discussed in mediation accurately before signing. Notarization or the presence of witnesses may be necessary in some situations.
A Judge Must Approve All Settlement Agreements
After an agreement is signed, it must be filed with the court. While it’s possible to submit the agreement to the court yourself, the process is not easy. We recommend that you hire an attorney to finalize the process.
After submission, a judge will review your signed agreement to make sure it doesn’t violate any state laws and that it is equitable. The judge will verify that both parties willingly agreed to the terms without any coercion. If the agreement involves children, the judge will also consider whether the custody arrangements and support terms serve the best interests of the children.
If a judge determines the agreement is acceptable and approves it, they will issue a divorce decree. This decree is what makes your divorce official. It means the court has transformed your mediation agreement into a legal document, which can now be enforced.
Sometimes, a judge might not approve the agreement as-is. If they find any terms unfair or not in the children’s best interests, they might send it back for revisions. In such cases, you and your spouse will need to revisit those terms and possibly return to mediation to adjust the agreement or address the judge’s concerns.
How Long Does It Take for a Divorce Decree to Be Issued After Mediation?
You might wonder how long this process takes. The timeline can vary. It can take anywhere from a few weeks to a couple of months to get from a mediated agreement to a divorce decree. Your divorce mediator can provide a more specific timeline based on your situation and the local court’s schedule.
| Stage | Description | Timeframe |
|---|---|---|
| Mediation Agreement | Agreement reached in mediation | Day 0 |
| Agreement Drafting | Finalizing the written document | 1-2 weeks |
| Court Submission | Submitting the agreement to the court | 1 week |
| Judge Review | Judge reviews the submitted agreement | 2-6 weeks |
| Issuance of Decree | Judge issues the divorce decree | 1 week after approval |
What Happens After a Divorce Decree?
Once the divorce decree is issued, it’s time to implement the terms of your agreement. This might mean selling a house, dividing retirement accounts, or adjusting living arrangements as per the custody plan. It’s a period of transition, so give yourself and your family time to adapt.
In certain scenarios, it may be possible to modify your settlement agreement after divorce, due to changing circumstances such as job loss or relocation. However, all modifications will typically require court approval.
What Happens If Either Spouse Doesn’t Follow the Settlement Agreement?
If either spouse fails to comply with the terms of the agreement, the other party now has the ability to seek help from the legal system in enforcing the agreement.
Specifically, you now can file for a motion of “Contempt of Court”, which can result in penalties, fines, or even jail time for the non-compliant person. You can also seek enforcement orders from the court to compel the non-compliant party to obey the order.
Our Charleston Divorce Mediators are Here to Help
Reaching a mediation agreement is a significant milestone in getting divorced. Understanding the subsequent steps helps prepare you for what lies ahead. With the right support, you can move through the process confidently and start the next chapter of your life. Call our office today @ 843-323-4687 to get started with mediation.
About Catherine Marra
Catherine Marra is a nationally certified Divorce Mediator with over 30 years of experience in Family Law, including 20 years in private practice and 10 years as a Family Court Magistrate. She uses her knowledge and experience to guide couples in negotiating divorce settlements so they can save money, complete the divorce process quicker, and get better outcomes than they would at trial.