What Issues Cannot Be Decided in Divorce Mediation?

Of course, you may have initially been drawn to an alternative divorce method, like mediation, so you can maintain your right to the final say on divorce-related terms that will directly affect you and your life. However, to make your divorce official, you will still need to submit your written marital settlement agreement to the New York State family court. When the judge reviews this, they may use their discretion in determining whether each item is fair and legal. Further, they may change or reject parts of it before incorporating it into your final divorce decree and making it a legally-binding court order. Read on to discover the issues that cannot be fully decided on through mediation and how a seasoned Nassau County divorce lawyer at the Law Offices of Jay D. Raxenberg, P.C., can help you produce an effective agreement.

What issues usually cannot be fully decided on in divorce mediation?

Generally speaking, divorce mediation covers key divorce-related issues like child custody, child support, spousal support, and property division. However, the exact terms and conditions you and your spouse settled on for each item may not be backed by the New York State family court. For example, say your spouse has a documented history of physical, emotional, or sexual abuse. Well, the judge may not agree to a custody arrangement or parenting schedule in which your spouse would get unsupervised access to your child.

Similarly, say you waived your obligation to child support entirely in your marital settlement agreement. This will also not pass the judge, as they will prioritize your child’s best interests and ensure their basic needs (i.e., housing, clothing, food, education, healthcare, etc.), and even their extracurriculars (i.e., to uphold the lifestyle they have grown accustomed to), are covered.

Lastly, you must speak up and inform the judge if you were pressured into signing this agreement, in which you were left with undesirable outcomes, out of fear of retaliation from your spouse. At the end of the day, mediation is a voluntary process, and both parties must enter this settlement willingly, or else the judge may not proceed with finalizing your divorce decree.

What happens if one spouse violates a mediation agreement?

To reiterate, once a judge approves your petitioned marital settlement agreement, it becomes part of your divorce judgment. With this, it is legally binding and can be enforced through court remedies. So, say your spouse is later negligent with holding up their half of the agreement, such as failing to show up to scheduled custody times, missing child support or spousal support payments, etc.

Well, you may file a motion for enforcement with the same judge who handled your initial divorce case. And if the mistake was serious enough, your spouse may be held in contempt of court and face other consequences. For instance, persistent non-compliance of a child support obligation may result in jail time, along with garnishing activities, driver’s and professional license suspensions, passport denials and travel restrictions, and much more.

To conclude, please prioritize scheduling an initial consultation with a competent Long Island family lawyer from the Law Offices of Jay D. Raxenberg, P.C. We would be honored to represent you in your legal case.