QUESTION
Can a mediation agreement be changed if you haven't filed for divorce?
Asked on Nov 28th, 2012 on Divorce - New Jersey
More details to this question:
My husband and I have no minor children. We did mediation with a mediator in July. He was supposed to get an attorney to file the paperwork. He hasn't yet. In mediation, he is to continue paying half house payment until I sell , remarry, or get a roommate. Mediation states that we continue splitting bills until divorce is final. He now wants to change status on house. Can he do this?
7 ANSWERS
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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If your mediation "agreement" has not been reduced to a WRITTEN AGREEMENT, then legally speaking, there is no enforceable agreement at all. The failure to get an attorney to create the written agreement may have been done intentionally as a plan.
Answered on Nov 29th, 2012 at 11:01 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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That depends on the specific law of the state where you case is being handled. It also depends on what has happened since the agreement and why. The general rule is that you won't have a definite answer until the judge rules on the arguments over whether or not the agreement is a binding contract. There is no one, simple rule that will control the judge's decision.
Answered on Nov 29th, 2012 at 8:56 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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If you agreed to the settlement it is binding. An attorney can get the final paperwork prepared and entered with the court.
Answered on Nov 29th, 2012 at 8:06 PM
An agreement is an agreement is an agreement. You always renegotiate it if both parties wish. My suggestion is that you file the papers, along with the agreement,asap.
Answered on Nov 28th, 2012 at 4:52 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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A mediation agreement is not a court order - there's nothing filed or signed to stop it getting changed. If you don't like what he's doing, file for a hearing in court - the house is an issue for trial so it can't be handled for a long time - it could take 2 years to get to trial or longer depending on which County you live in.
Answered on Nov 28th, 2012 at 4:52 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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There is no court order.
Answered on Nov 28th, 2012 at 4:51 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Until it is a court order signed by the judge, either party can change their minds.
Answered on Nov 28th, 2012 at 4:51 PM