My husband and I went to a mediation for custody of our daughter. The judge dismissed the divorce. Is the partial mediation agreement we both signed enforceable if not signed by a judge?
A mediation agreement is a contract between you and your husband. It is not enforceable without a court order, but it will serve as evidence if you do need to ask for court intervention. If, for example, your husband refuses to abide by the agreement, you can file the case again and seek to have the agreement enforced by court order.
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Without knowing the specific terms of what you signed, the general answer to your question is no. Usually, an Agreement is not enforceable without a court order directing the parties to abide by the terms of the Agreement. It is, however, a contract signed by both of you. If you wish to enforce the Agreement, you could refile for the divorce, and ask the Court to enter an order directing you both to comply with the terms of the Agreement. Re-filing for the divorce would also open the door again to address any unresolved issues. And if there has been a change in the circumstances that led to the Agreement, it may open the door for changing the Agreement. You may want to have a family law attorney review the agreement and provide you with information regarding your options.
The general answer provided here is for informational purposes only, and is not intended to substitute for personalized attention to your legal questions. Also, this does not create an attorney-client relationship.
The agreement is a contract between the parties. If you need the agreement to be enforced, your will need the Court's assistance/power to do so, and that only happens if you have an open case where the court has jurisdiction over the parties and the subject matter. You'll likely need the assistance of an experienced family law attorney to resolve this issue.
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