The Home Stretch Of Your Divorce Case
The most difficult parts of divorce are at the beginning, telling your spouse you want a divorce, filing the divorce petition, or being served with divorce papers when you were still holding onto hope that you and your spouse could resolve your differences. The first long weekend without your kids is painful, but so is the first Thanksgiving or the first Christmas. There is the drama that ensues after the divorce filing. You knew your spouse would move out, but you didn’t know that he would take your dining table with him; during your marriage, it never crossed your mind to think about which of you the dining table belonged to. There is the pain of seeing your ex’s new partner in the car when your ex picks up the children to spend the weekend with them. After that, you find a new normal. The court finalizing your divorce feels like a non-event; even though you have just now become legally single, you experienced the transition to singledom as a gradual process. Once you complete divorce mediation, you are almost at the finish line, but not quite. For help reaching a settlement agreement during divorce mediation, contact a Birmingham divorce lawyer.
Making Your Mediation Settlement Official
Many couples attend court-ordered mediation during their divorce cases except the ones who file for uncontested divorce and the ones who are not legally allowed to be in the same room together because of a restraining order. The goal of mediation is to draft and sign a marital settlement agreement (MSA), in which you divide all the marital property and debts in a manner acceptable to both spouses. If you and your spouse have minor children together, you must also draft a parenting plan. Once you do this, you submit your marital settlement agreement and, if applicable, your parenting plan, to the court; when the judge signs them, your divorce is final, and you are legally single.
What Happens If Your Ex-Spouse Does Not Abide by the Marital Settlement Agreement?
A marital settlement agreement, signed into an order of dissolution of marriage by a judge, is a legally binding court order. If the MSA says that you must move out of your marital home by a certain date, you must do it. The same applies if you must list it for sale or refinance the mortgage in your name alone. If you are keeping the marital home, the MSA will probably order you to pay your ex-spouse a portion of its value. If your ex does not abide by the instructions in the MSA, you can petition the court to enforce the MSA. If your spouse still does not do what the MSA says, the court can hold your ex in contempt and impose fines or, in extraordinary cases, jail time.
Contact Peeples Law About Divorce Mediation
A Birmingham family law attorney can help you finalize a marital settlement agreement and abide by its terms. Contact Peeples Law in Birmingham, Alabama today to schedule a consultation.
