What Happens After Divorce or Custody Mediation?
If you just finished family mediation, it’s normal to wonder what comes next. The next steps depend on whether you agreed on all, some, or no issues.
If you haven’t done mediation yet, check out our articles on divorce mediation and custody mediation to learn more.
Choose the section below that best fits your situation.
Even if you settled everything in mediation, there are still a few more steps before your case is finished.
Your next steps depend on
Where you are in the court process.
Which county your case was filed in.
Whether your agreement was reached in court-connected mediation or private mediation.
No matter your situation, it’s important to make your agreement official through the court. If you don’t, either side could change their mind at any time.
How do we finalize everything with the court?
Your agreement isn’t legally binding until you complete these steps:
Step 1: Write it down on court forms
Step 2: Both parties must sign the agreement
Step 3: File the signed agreement with the court
Step 4: A judge will review and sign your agreement
How can I get help with these steps?
If you don’t have a lawyer, you can contact a family court facilitator for free help finding the right court forms to finish your case.
If you have a lawyer, they can help you prepare your court paperwork.
It’s common to agree on some issues but not all. This brings up two questions:
What happens to the agreements you reached?
How do you resolve the remaining issues?
What happens to the agreements we reached?
This can vary, as each mediator handles this step slightly differently. Here are some things that might happen:
The mediator sends you a draft agreement so you can continue negotiating or make changes before you file it with the court.
The mediator may ask both of you to sign the agreement to show you agree.
The mediator can file the partial agreement with the court, but only if you both agree.
How do we resolve the remaining issues?
You might have agreed on everything discussed in court-connected mediation, but still need to discuss other topics, such as property division or child support.
If there are still topics in your case that need to be decided, you can:
Keep talking to try to settle the remaining items on your own.
If you have a lawyer, you can let them negotiate for you.
Go to trial and have a judge decide the issues you can’t agree on.
You can learn more about your next steps in a custody case here or your next steps in a divorce case here.
Sometimes people want different things and can’t reach an agreement. That’s okay. If you can’t agree in mediation, you can:
Keep talking to try to settle the remaining items on your own.
If you have a lawyer, you can let them negotiate for you.
Go to trial and have a judge decide what you can't agree on.
You can learn more about your next steps in a custody case here or your next steps in a divorce case here.