Mediation is often a useful tool to resolve disputes in a divorce. However, even when both parties agree to terms during mediation, issues can arise if one spouse fails to comply with the agreement. So, what can happen if this situation arises?
What is a contested divorce?
A contested divorce occurs when spouses cannot agree on one or more terms of their divorce, such as property division, child custody, or spousal support. In such cases, the matter often proceeds to court, where a judge will make the final decisions.
Mediation can sometimes help resolve these disputes before reaching court, but when one spouse is non-compliant with the mediation agreement, enforcement becomes necessary.
Make the agreement legally binding
For a mediation agreement to be enforceable, the judge must approve and incorporate it into the final divorce decree. This step is crucial because once the agreement becomes part of the court order, it holds the same legal weight as any other court order.
File a motion for contempt
If your ex-spouse refuses to comply with the terms of the mediation agreement, you can file a motion for contempt with the court. This action informs the court that your ex-spouse is not following the court-ordered agreement. The court will then schedule a hearing to determine whether your ex-spouse is in contempt. If found in contempt, they could face fines, wage garnishment, or even jail time until they comply.
Seek modifications or enforcement orders
In some cases, circumstances may change, making it difficult for one spouse to comply with the original agreement. If this happens, either party can request a modification of the agreement. However, if the non-compliance is intentional, you can ask the court to enforce the original terms through additional court orders, which may include garnishing wages or seizing assets.
Protecting your rights
Enforcing a mediation agreement is essential to ensure that both parties honor the terms agreed upon during your divorce. If your ex-spouse fails to comply, the court provides several avenues to help you enforce the agreement and protect your rights. Remember that you’re not alone: More than 50% of U.S. marriages end in divorce, and there are options to support your mediation agreements.