Question 1

CAN WE STILL USE MEDIATION IF MY SPOUSE AND I CAN’T COMMUNICATE?

Accepted Answer

Chances are you can. A mediator’s job is to facilitate communication. While you and your spouse may not be able to agree on issues, after listening to both of you, a mediator can often help you find common grounds. To some extent a mediator can also act as buffer and help diffuse arguments. It helps when you each can say your piece. And sometimes hearing your spouse’s side of the story is a good thing, helping you look from a different perspective and find a way to compromise. If you are absolutely opposed to sitting in the same room with your spouse, many mediations occur where the parties never even lay eyes on one another.

Question 2

HOW LONG DOES A DIVORCE TAKE TO FINALIZE?

Accepted Answer

A divorce must be on file for AT LEAST 60 days (about 2 months), beginning on the date the petition is filed with the clerk before a final order can be signed and a divorce granted. Most of the time, however, divorces take significantly longer than 60 days (about 2 months) to conclude. The length of a divorce often depends on the ability to obtain information necessary to determine the value of the community estate or determine whether visitation schedules that are entered temporarily actually will work long-term.

Question 3

WHAT IF I CHANGE MY MIND AFTER MEDIATION?

Accepted Answer

Once a Mediated Settlement Agreement (MSA) is signed by both parties and their attorneys, it may not be revoked. That means the Agreement is binding and the other party is entitled to an order based on the Mediated Settlement Agreement. There is no “Monday Morning Quarterbacking,” so before you sign, be *sure* you are in full agreement.

Question 4

WHAT ARE THE PARTIES TO A FAMILY LAW CASE CALLED?

Accepted Answer

The person who initiated the case is known as “Petitioner,” and commonly referred to using that title rather than his/her name. The person responding to the initial filing, even if they file a request for relief in response is known as “Respondent.”

Question 5

WHAT HAPPENS IF I DO NOT AGREE WITH THE COURT’S DECISION?

Accepted Answer

The answer to this question depends on the court issuing the decision. If an Associate Court judge decides that you do not agree with, you may request “de novo review” by the elected judge of the assigned Court within three days then have that judge determine whether the Associate Judge’s decision was a correct one. Once the elected Judge decides, you no longer have any ability to change that decision unless you formally “appeal” the decision to the intermediate appellate court within 30 days (about 4 and a half weeks). Appeals are expensive, time-consuming, and quite rare, due to the expense associated with them. Moreover, appeals in family law matters are unsuccessful most of the time due to the wide discretion given to trial judges in weighing the credibility of witnesses to make decisions. Visit your lawyer if you think an appeal may be appropriate as appeals are highly technical.

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