How Long After Mediation Is Divorce Final?

In the state of Arizona, you cannot finalize a divorce in less than 60 days. The court will not accept a final divorce document, also known as a Decree, until 60 days after the date of service (A.R.S. 25-329). With that waiting period in place, the average divorce mediation process will take one to six months to complete.

What Is Divorce Mediation?

Divorce mediation is a common way to negotiate an out-of-court settlement between two parties seeking a divorce. In this process, you and your soon to be ex-spouse will hire a neutral third-party mediator. The goal of mediation is to help both parties identify and resolve complicated divorce issues. It can be used to address a wide range of issues, including child support, parenting plans, division of assets and custody arrangements.

While each and every divorce mediation process differs, most couples can expect mediation to be completed in one to six months. The length of this process typically depends on the specific issues and complexity. Of course, the more willing each couple is to compromise, the faster the mediation will go.

Drafting The Agreement

Once you and your spouse have compromised on issues like spousal support, child custody, and property division, you will then present your agreement to the judge assigned to your divorce case. It is crucial that you do not sign an agreement until you have consulted with your advisors, which typically includes your attorney, accountants, and other professionals, if needed.

If your divorce attorney advises that your mediation agreement is both fair and in line with your legal rights, they can then draft the final agreement for you and your spouse to sign.

Court Filing And Review

Once in agreement on all relevant issues in the divorce, you can then proceed with finalizing this process. Even if the mediation agreement has been signed by both spouses, the family court where you filed for divorce will still need to review and approve the agreement. The judge then finalizes the dissolution of the marriage.

The judge will review the mediation agreements to ensure the following:

• Does it appear that both parties have voluntarily entered into this agreement?
• Are the terms both fair and in compliance with the divorce laws of the state?
• Was your mediator biased toward one spouse?

In some cases, one spouse may bully or intimidate the other spouse into agreeing to unfair terms. This is particularly common when one spouse has the upper hand financially and with legal representation. There are circumstances where a judge could hold an informal hearing to interview the spouses regarding their agreement to ensure it is fair for both sides.

It’s important to keep in mind that just because you have agreed to the terms, it does not mean the court will agree to them. Both spouses could be called into court to rework certain terms of the divorce agreement. However, if the court approves the agreement terms, the judge can then incorporate these terms into the final divorce decree. Once formally issued by the court, this decree will end your marriage and set forth court orders regarding custody, property division, and other agreed-upon terms.

Mandatory Waiting Period

Do not expect your case to be over as soon as the court approves your order. Many states have a required waiting period before the divorce is finalized. California, for example, has one of the longest waiting periods in the country, with six months.

Even if you and your spouse have agreed to all the terms of the divorce, the court must issue the final divorce order and decree. How long you’ll have to wait ultimately depends on when the initial divorce petition was filed.

Always be careful with your finances and parental responsibilities during this waiting period. Any issues at this time can jeopardize the agreement before your case is finalized.

Source: “How Long Does It Take For A Divorce To Be Final After Mediation?” Irwin Irwin https://www.irwinirwin.com/how-long-does-it-take-for-a-divorce-to-be-final-after-mediation/