Mediation in Post-Divorce Litigation
Many clients have a plan in mind when they visit a divorce lawyer for the first time. They know which marital assets they care the most about keeping and which marital debts they care most about avoiding, and unless they are delusional, they know whether theirs is a case where alimony is appropriate. If they have minor children, they have an idea about what kind of timesharing schedule would be least disruptive to the children and most feasible in light of the parents’ work schedules. The biggest surprise is that the lawyer spends so much of the consultation talking about a strategy for mediation, rather than about trying to persuade the judge to award the client the things that he or she is requesting. Except in the case of extraordinary circumstances, all couples who file for contested divorce attend mediation. Most of them finalize their divorces during mediation by signing a marital settlement agreement, which the judge signs off on to make the divorce official; the case only goes to trial if the couple cannot reach an agreement in mediation. The courts also order couples to attend mediation if disputes arise after their divorce becomes final, including but not limited to requests for parenting plan modifications. If you need to go back to court because the court made an unfair decision or because your ex is not abiding by the terms of the property division agreement or parenting plan, contact a Boca Raton divorce lawyer.
Why Do Couples Go Back to Court After Divorce?
It is worthwhile to spend time in mediation ironing out all the details of property division and writing a detailed parenting plan, so that once your divorce is final, you will have clear and detailed guidelines for what you and your ex can and cannot do regarding co-parenting and formerly marital property. Some couples go back to court because their circumstances change, such as because of an illness or a job loss, and they cannot meet their court-ordered financial obligations to pay alimony or child support. More often, though, post-divorce litigation happens because of ambiguity in marital settlement agreements or parenting plans. Another reason for divorce litigation is when one spouse does not follow the court orders, such as by not exercising as many days of parenting time as the parenting plan indicates.
Is Mediation a Prerequisite to Trial in Post-Divorce Actions?
Mediation is less expensive and less contentious than a trial, so the court orders mediation as a prerequisite to trial in almost all family law matters, unless a history of domestic violence makes mediation unsafe. Therefore, the court will probably order you to attend mediation if you petition the court to enforce or modify a property division order or parenting plan. In one case, the court scheduled a trial for a post-divorce action because the former husband kept changing the mediation dates and failing to attend the mediation sessions.
Contact Schwartz | White About Post-Divorce Litigation
A South Florida family law attorney can help you resolve disputes with your ex-spouse that arise after your divorce becomes final. Contact Schwartz | White in Boca Raton, Florida about your case.
Source:
scholar.google.com/scholar_case?case=18006457534274410334&q=divorce+game&hl=en&as_sdt=4,10&as_ylo=2014&as_yhi=2024
