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Mediation not filed by spouse's attorney.

Woodstock, GA |
Filed under: Divorce

Ok, it's been a year since the mediation for this divorce was done... my attorney sent it to hers and didn't folow up, but it's been siting with her atorney since it was done... what can I do?

Attorney Answers 3


There are a few things you can do.

First, I'd be getting on that phone and calling and scheduling a time for a telephone conference or face-to-face meeting with your attorney. Let the attorney know that you want him or her to contact the Opposing Counsel and advise that if the mediation agreement is not finalized, signed, notarized, and filed within the next 7 - 10 days (or whatever time you and your attorney decide is reasonable under the circumstances), then you will be filing a Motion to Enforce and seeking an award of attorney's fees pursuant to OCGA Section 9-15-14 (a) and/or (b).

Second, call the Clerk of Superior Court, provide your Civil Action # (on the top of the pleadings in the case - right hand side), and ask if they show that a mediated agreement has been filed. It may be that the draft prepared at mediation, if the parties signed at that time, was filed with the Court, and if your spouse was the petitioner, then he or she may have already taken a final divorce. Of course, your attorney should have sent you a copy of the Decree. If not, you should request one from him or her - or you can get a copy from the Clerk of Superior Court.

Third, if the agreement was not filed and your attorney is not responsive, you can try calling CAP at It is the State Bar of Georgia's Consumer Assistance Program. CAP can do things like reach out to the lawyer and request that an update on the case be provided to the client.

This answer is offered for informational purposes only. It is not offered as nor does it constitute legal advice. This answer does not constitute an attorney-client relationship. Do not rely on this answer in prosecuting or defending against any criminal or civil legal action. Speak to an attorney in your area about how to protect yourself and your interests.

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I am sorry but something doesn't sound right. I would contact your attorney and specifically ask what the timing of this is and why it has not moved along, if you cannot speak with your attorney for whatever reason, I would check with the court to make sure nothing has been filed, this doesn't sound right. Take care and hope that things work out.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Sadly, I hear of several people in your situation. Have a chat with your lawyer, find out exactly when he sent it to your ex's lawyer, and what was sent. Then, if all is as he said, ask if he can file a "motion to compel" the other side to do something....

Often, in my experience, these things arise because the other attorney has not been paid and simply doesn't want to bother... Or, your ex is comfortable with the way things are so he/she is not moving things along... Hang in there and talk to your lawyer.

Good luck.

You can contact me at my office at 770-744-4211 or by email through this website. The questioner and any reader do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.

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