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Questions about Mediated Divorce Laws

Mediated divorce has grown in popularity in recent years due to the ability of each spouse to express their individual wants from the divorce in a controlled legal atmosphere. Mediation between spouses that are going through a divorce can be helpful to both parties. It is an opportunity for each spouse to express their interest and requests before the divorce gets finalized. Family Lawyers on JustAnswer handle a wide range of questions related to a mediated divorce. Take a look at the top five questions answered on the site.

Will a mediated divorce work if the couple can’t agree on the division of property and pension?

If you don’t think that you can agree, mediated divorce probably won’t be the right option for you. You will have to go to court and have a judge make a ruling on who gets what. Usually, when a couple is able to agree on the division of property and assets opt for a mediated divorce in order to avoid a nasty court battle.

What can be done if an ex-spouse refuses to pay a cash settlement ordered in a mediated divorce?

If the settlement agreement was a part of your divorce decree, it is normally enforceable by the court. The first thing you should do is to file a petition for Contempt of Court. The petition will ask the court to order your ex-spouse to pay you, and can find the ex-spouse in contempt for failure to pay you. The court can decide on a fine or jail term for the contempt and can also ask the ex-spouse to pay the legal costs and attorney fees resulting from the filing of the petition.

Once the court has issued a judgment in your favor, you could begin collection against your ex-spouse. Wage garnishment, levy on bank accounts, or filing a judgment against property are a few ways by which you can ensure that the payment is made to you.

What should a person do if they are being charged late fees on a timeshare that was given to former spouse in a mediated divorce agreement?

If you are being charged with late fees, you are probably still listed on the title of the timeshare. Even though your ex now owns the timeshare, this change of ownership may not get reflected in the records till you make a transfer of the timeshares. The transfer of the timeshares is completed with a quitclaim deed. Once you quitclaim the timeshares, your name will no longer be shown on the title. Your ex will now be the true owner of the timeshares and you should no longer be responsible for any overdue fees. This method is a common practice of transferring property between spouses before and after a divorce. All states have quitclaim deeds. You can talk to a title company and they can do it for you for a small fee.

How can a person get a change in the child support and spousal support payments agreed upon in a mediated divorce?

Many things can happen to necessitate a payment modification. The loss of a job, a cut in pay or unexpected bills can affect your ability to manage payments that were agreed upon during the mediated divorce. In such situations, you can file with the court for a modification of child support and spousal support. You may have to petition separately and ask the court to modify each order separately. If you are not sure whether this is an option in your case, you can ask a Family Lawyer on JustAnswer for an Expert opinion based on the evaluation of your circumstances.

In a mediated divorce, is it required for a spouse to know the constant movement of the other spouse when they have the children?

Most parents can agree on the visitation schedule with the children. However sometimes there are demands that may seem unfair to one or both parents. Usually, you are only required to keep the other parent informed of your contact information and where you will be staying if you are traveling. This allows the parents to stay in touch with the children if needed. Monitoring day-to-day events could be excessive, but asking for general itinerary is a reasonable request as long as it involves the location and movement of children.

Divorce can be an emotional time for many people. Mediated divorce may be the option for your individual needs if you and your spouse can agree on most issues. To know more about mediated divorces and get your questions answered, you can ask a Family Lawyer on JustAnswer for insights and Expert opinion.
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