Certain aspects of mediation are easier than litigation. A benefit of working with your spouse on creating a Separation Agreement together is how easy you can get the divorce finalized. The divorce can be finalized following mediation with a couple of additional steps. You both will work out the specifics of the divorce throughout mediation. If each of you agrees on every issue and you both agree that the grounds for the divorce is the irretrievable breakdown of the marriage. Getting the divorce finalized is just filling out a couple of forms and then filing them within the court. Both of you will also have a final review hearing.
You might be able to file a motion to have your appearance waived if you can’t go to the final hearing, but this might or might not be allowed. The hearing alone doesn’t take long, but the judge might ask you both some questions regarding your Agreement through the course of it. If you’re working with a knowledgeable divorce mediator, they also can assist you in getting the final divorce papers prepared. This saves you the hassle of hiring a lawyer to file for you. You merely file the papers with the court for examination once they’re prepared. You might not have to wait that long for the final review hearing, but this depends on how full the courts calendar is.
When the judge accepts your final papers and the Agreement, they will record the divorce judgment in 30 days. If you both want no revisions to the Agreement throughout this time, the divorce will enter the divorce nisi stage. If the divorce is uncontested, your nisi stage will be 120 days. Following the nisi stage, the divorce will be automatically finalized. The nisi stage gives each spouse an opportunity to rethink their decision. With a knowledgeable mediator, getting the divorce finalized can be painless. The most difficult aspect of divorce is working out the conditions of the divorce along-side your spouse, but an experienced mediator can assist with that, too.
