Can't seem to get a straight answer from my atty on this so I was hoping someone here would know....

WH and I went to court ordered mediation and agreed upon visitation issues, but could not reach an agreement on some financial issues. I am perfectly prepared to go to court, but my question is does one of us have to request a court date to have it heard by a judge, or will the court just eventually schedule one if we cannot reach an agreement?

We have a temporary financials in place, and I don't think I will get much better in a final settlement so I am in no hurry and told my lawyer to just sit tight. If WH wants to petition the court for a hearing he can. That was right after thanksgiving. I am in TN, if anyone is specifically familiar with those laws.

I assume the mediation was ordered pursuant to a divorce petition so YES the judge will eventually push the file for some sort of resolution so he/she can close the file. However, you can sit back and wait. If you are happy with the temporary order...no problem. Eventually, your WH will need to push the court to set a hearing date and the court may set a date or order another mediation. Even then your attorney can request an adjournment because he/she's not prepared or unavailable that day and maybe bleed another few weeks delay.

I'm a Yankee attorney (Michigan)...but eventually he'll get his day in court and if the judge perceives you as delaying on purpose it could hurt you in the final settlement. Be careful.

Mr. Wondering

Thanks, Wondering. I made it plain in my filing that I did not want this divorce and only filed because WH filed first out of state and I needed to get it moved back here, so I am hoping that any judge will take that into account. I think that may end up biting him the rear because both judges issued a joint order moving the case back to TN stating that his filing in a state where we never lived as a couple and in a different state than where the kids had always lived was "blatant manipulation". Anyway, I know that here, when the courts are aware that one party is not completely "on board" as far as the divorce, the court will sometimes order counseling at it's own initiative. I have considered just asking, but was afraid it would be seen as a stall tactic. And if my WH husband fights it, I really don't have the funds to see it through. Right now I am just looking for ways to slow this down