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Understanding the Agreement Process
Reaching agreement in mediation is a major accomplishment, but there are still important steps before your agreement becomes legally binding.
Stages of finalizing your agreement:
- Memorandum of Understanding (MOU): The mediator creates a document summarizing what you agreed to
- Draft review: Each party reviews the MOU (ideally with an attorney)
- Final agreement: The MOU is converted into a formal separation agreement or divorce decree
- Signatures: Both parties sign the final agreement
- Court approval: A judge reviews and approves the agreement
- Divorce decree: The agreement becomes part of your final divorce order
Types of documents:
- Memorandum of Understanding (MOU): Summary of agreements in plain language; not yet legally binding
- Marital Settlement Agreement (MSA): Formal legal document covering all terms of divorce
- Parenting Plan: Detailed custody and visitation schedule
- Child Support Worksheet: Calculation of child support based on state guidelines
- QDRO: Qualified Domestic Relations Order for dividing retirement accounts
Timeline:
From reaching agreement to final divorce decree typically takes 2-8 weeks, depending on court schedules and document complexity.
The MOU from mediation is typically not legally binding. You still have time to review and make changes before signing the final agreement.
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