The Best Divorce Settlement Agreement Is One That Includes Clear Deadlines
You are not the only person who has been tempted to agree to less-than-ideal property division terms, just so you can finalize your divorce instead of continuing to go in circles during mediation. Your friends and your divorce lawyer might encourage you to stay and fight instead of giving up. You understand their point about how mediation is the place to work out the details so that you will not have to go back to court after your divorce becomes final, but right now, you are so tired of fighting that you are willing to live with the consequences of your actions. It is up to you if you agree to accept less money that you think is fair for your share of the marital hope that your ex will keep after the divorce. You and your ex can reach whatever agreement you choose during mediation, and the judge will sign to make it official. Your marital settlement agreement does not have to meet your parents’ and friends’ definition of fairness, but it should be specific enough that it doesn’t leave you in legal limbo. A Boca Raton divorce lawyer can represent you in divorce mediation so that you can get an actionable and specific property division agreement.
It’s Not About How Much Money You Get, It’s About When You Get It
Sometimes when couples go back to court after a divorce, it is to appeal one or more of the provisions of the divorce decree that the judge set after a trial. Most divorce cases do not go to trial, though. Instead, the spouses work out all matters related to division of property during mediation. In cases like these, you cannot appeal the decision, because you are the one who made the decision. Despite this, many couples who finalized their divorce without going to trial end up back in court within the first few years of their divorce becoming final.
Even if your divorce case did not go to trial, the judge still finalized your divorce by issuing a court order based on the terms you agreed to in mediation. Therefore, if your ex-spouse does not comply with the terms of the agreement, you can go back to court to enforce the court order. As with all matters involving legal agreements, the more specific you are, the better. The agreement should indicate the dates by which your ex must pay you your share of the marital home’s value, refinance the mortgage without your name on it, or complete any other actions related to property division that you agreed on during mediation. It is easier to prove that your ex failed to comply with a certain provision of the agreement when it clearly indicates deadlines.
Contact Schwartz | White About Working Out the Specifics in Mediation
A South Florida family law attorney can help you complete divorce mediation successfully and, if necessary, ask the court to enforce your divorce agreement. Contact Schwartz | White in Boca Raton, Florida about your case.
Source:
flcourts.gov/Resources-Services/Alternative-Dispute-Resolution/Mediation-in-Florida
