Mediation/Court Proceedings


#1

If my ex-spouse and I are not able to come to an agreement during mediation, what happens from there? If it goes to court, what should I expect? Will I be questioned? What about my children? How does this process work? Please give me a general concept so I can be prepared.


#2

If mediation reaches an impasse and no agreement is reached, then the next step must be court. One of you will have to file a lawsuit against the other. For custody, note that in most cases there will be mandatory custody mediation that happens soon after a court action is filed. Some counties will issues court dates for the temporary issues (for example, temporary child custody, temporary child support, and postseparation support), others will not. For the counties that do not automatically issue court dates, either party may notice the case onto a court calendar for hearing. At any time that you and your spouse can reach an agreement on any issue, you can enter into a consent order, which makes the agreement a court order but avoids having the judge to hear the issue and make a decision for you.

You will be questioned if you testify in front of the judge or if your spouse chooses to take your deposition (recorded statements).


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

_The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

I’m confused. I filed the custody action in October for full custody. Why
would I need to file another suit? This is hard for a lay person to
understand. I’m sorry. Help me understand please.


#4

If you are referring to attending court-ordered custody mediation (which happens any time there is a custody lawsuit filed) in which you and your ex-spouse reach an impasse, then one of you will need to schedule the case for a court date to be heard in front of the judge. At that time the judge would hear both parties’ evidence and make a decision on custody. You will not file a second custody action for the same children against the same parent.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.