Can you skip mediation


#1

Can you skip mediation and have your needs addressed in the legal separation document, then if if you have to battle it out do so in court? I would much rather go to court and let the judge decide because I know that NC is a 50/50 state and I am not asking for even that much.

My husband owns a business that I am letting him keep without getting my percent and I am not asking for alimony…why do we have to go to mediation (that has been delayed since Nov) when we are going to end up in court before a judge anyway since my husband is greedy and wants it all. Based on the fact that I am a dependent spouse with health issues and have been starved out by my husband for 7 months while he brings in close to $140,000 a year…I believe the judge will grant me what I am asking for. If not, there is no justice in this state. Am I overly confident?


#2

If you and your spouse agree to a settlement you may enter into a separation agreement without mediation.
You are required to attend mediation before trial in most counties, and this is not a requirement that can be waived.


#3

I understand why the need for mediation in my case, but I do not understand why it is taking so long. I can only assume that my husband and his attorney are putting it off as long as possible, because he does not agree to the equitable distribution of our assets. We will have been separated one year in September (after a 28 yr marriage) so I guess mediation will happen before our year of separation is up. My attorney submitted a proposal over a month ago where I was asking for less than half of our assets, but we never received a response. I was willing to do this in order to have closure because the stress of the past year has worsened my health. I can only hope and pray that when we get to mediation and/or court, that I will be awarded what is fair and equitable in the state of N.C.