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What Happens After Divorce Mediation: Your Next Steps

Ideally, the divorce mediation process produces a settlement agreement. This agreement allows you and your spouse to proceed with your divorce amicably. This is because mediation creates a marital settlement agreement which memorializes all of the issues which must be resolved during a divorce, such as property division and child custody and support.

The divorce mediators at Peaceful Separation and Divorce break down what happens after mediation in this article.

The Purpose of Mediation

Mediation is an alternative dispute process. It is intended to provide spouses with a neutral and peaceful forum to jointly resolve the issues during the divorce process without the time, expenses, and stress associated with formal litigation. Specifically, divorcing spouses select a neutral mediator who guides them toward reaching agreements for all outstanding issues in the divorce.

Your Agreement and Court Filing

A successful mediation produces an agreement regarding child custody and support. After these documents are signed, you can begin the process of filing for divorce.

Legally Serving Your Spouse After Filing

Filing for divorce is the first step in the litigation process. You must formally serve the Complaint for Divorce and several other documents on your spouse to ensure they have proper notice of your intent to seek a divorce. You can serve the documents on your spouse by hiring a process server or ask your spouse to waive formal service and sign an Acknowledgement that they have been served

Waiting Periods During and After Court Approval

If you and your spouse agree to pursue an uncontested divorce, a 90-day waiting period is imposed under §3301(c)(1) of the Divorce Code. Following the 90-day waiting period, you can file a Praecipe to Transmit the Record, including your settlement agreement. Thereafter, you will receive a Divorce Decree.

Remaining Debts and Expenses

In addition to dividing property, a settlement agreement should address marital debt. As marital debt is any debt incurred during the marriage, you and your spouse remain responsible for payment. A settlement agreement should specify which spouse is responsible for paying which debt.

Financial Responsibilities

Until a divorce is finalized, you and your spouse remain married. Accordingly, it may be possible for you and your spouse to make payments towards your marital debt while your divorce is pending. Your settlement agreement should include language that addresses or contemplates this issue.

Parental Responsibilities

A mediated settlement agreement can resolve child custody issues. Specifically, a settlement agreement can resolve the issue of child custody. Additionally, a settlement agreement can address child support and identify the parent responsible for additional medical and child care expenses.

Living Arrangements

Meditation can reduce stress between parents and children. Specifically, mediation can produce a settlement agreement deciding who will have primary physical custody of your children. Additionally, you and your spouse can also negotiate terms regarding visitation. 

Future Communication With Your Spouse

If relations with your spouse are tense, mediation can facilitate future communications. Specifically, you and your spouse can agree on how future communications will be conducted, i.e., email, text, etc. This can make it easier to address any future issues which may arise between you and your spouse.

When Is Divorce Final After Mediation?

A divorce is not final in Pennsylvania until a Court issues a final divorce decree. This is a document which legally dissolves a marriage. It likely includes or incorporates the terms of the settlement agreement which was produced during a mediation session.

Speak With A Divorce Mediator At Peaceful Mediation Today

Successfully navigating divorce mediation can simplify the next steps in your divorce process. For personalized guidance from a trusted divorce mediation lawyer, contact Peaceful Separation & Divorce to ensure a smooth transition toward finalizing your divorce.