Navigating Divorce Mediation: Your Step-by-Step Guide to a Smoother Separation Introduction to Mediation
Mediation is a pivotal first step in the divorce process where both parties come together to discuss settlement possibilities. This process is facilitated by a neutral mediator who ensures that both sides are heard. Understanding how the divorce mediation process works can help you better prepare for what comes next.
Finalizing the Agreement
At the conclusion of the divorce mediation, the mediator typically drafts a proposed settlement agreement or memorandum of understanding. It's crucial that both parties review this draft thoroughly. You have the option to consult an attorney who can finalize the document, ensuring all your rights are protected before you sign.
Filing for Divorce
Once the settlement agreement is signed by both parties, the next step is to file a Complaint for Divorce. This can be done before, during, or after the divorce mediation process, depending on your specific situation. Filing this complaint indicates to the court that you have an active case and are on the path to legally ending your marriage.
Learn more about the reasons to file for divorce sooner rather than later here: Don't Delay: Top 5 Reasons to File for Divorce.
Understanding Court Procedures
Only a Superior Court Judge can dissolve your marriage. Once your settlement agreement is signed, you can inform the court that you have a settled case. This might be done when you file your Complaint for Divorce or afterwards. Be sure to follow the detailed instructions available on the court's website to properly submit your complaint and other necessary documents.
For guidance on how to file for divorce with a settled case, visit: How to File for Divorce.
There are fees associated with filing, which you might choose to split with your spouse. Cooperation in having all documents signed and ready expedites the divorce process. Ultimately, the judge will issue a Judgment of Divorce, incorporating your settlement agreement into the judgment as though it is a court order.
Resuming a Prior Surname/Maiden Name
If you seek to resume a prior surname or maiden name as part of your divorce, note that the court now requires a separate order for name changes. Ensure you obtain the necessary form from the court before your divorce date.