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If you had mediation agreement signed by both parties involved in the divorce, when do you have to do the things mentioned?

Newnan, GA |

No dates were mention when things should be completed in the 2011 divorce mediation. Divorce final in Feb 28, 2013. Is that when you should do the things mentioned in the mediation papers? My ex is saying im in content because I didn't pay him 1/2 of the car note as stated in the mediation. I started paying him in March, 2013. please advise.

Attorney Answers 3


I would have to see both your mediated agreement and your settlement agreement to fully advise you on this. If the mediated agreement truly did not offer a date or any other guidance regarding when you were to begin paying half of the car note, it is certainly arguable that you are not in contempt.

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I gather you made the big mistake of not having a lawyer, as a lawyer would have insisted on dates in any agreement. Absent a date, a judge would have to look at the agreement, guess what you and he meant, and decide on contempt. Since no one here has seen the agreement, predicting what a judge might do is impossible. Likely, if the agreement said pay half the car note, a judge will find that should have been done on the due date, so you may be in contempt. At this point, pay a lawyer to review your papers and advise you.

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Without dates enforcement will be difficult, although if this went back to court the judge would probably create one. This seems like a situation in which you both would be well-advised to work it out through direct negotiation or some form of alternative dispute resolution (like mediation).

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