The court never makes a decision in a divorce unless it is contested and the two parties are engaged in litigation. In these cases, each party is represented by their own attorney, and in the process, information is submitted to the court in trial and the judge will make the final decision.
When two parties in a divorce have engaged in mediation and submitted a separation agreement, the court cannot change that agreement, although the judge can approve or disapprove the agreement created through the mediation process. At Mediation Advantage Services our mediator is a New Haven divorce lawyer who is very familiar with what the court will and will not approve – a distinct advantage.
The most contentious parts of a divorce are generally money and children. It is only when the two parties refuse to compromise and come up with a fair agreement in mediation that the court will get involved, and will be forced to make a decision. Many couples agree that shared physical custody is the best agreement, and other cases will including parenting time for one parent during the week with the other parent taking on the weekends. Every family is different with regard to job duties, child activities and other issues, and the parenting plan hammered out with the help of a neutral mediator is far more likely to be approved by the court, and serve the family best. You can read more about a judge’s impact on separation agreements by accessing that chapter the e-book issued by Polly Tatum, the founder of our firm, Divorce and Mediation in Massachusetts.