If both you and your spouse can successfully mediate you divorce, there should be a phase between finalization of the mediation process and signing your divorce settlement agreement to be filed with the courts. Both you and your spouse should seek out independent counsel to review the draft of your divorce settlement agreement. You should also seek out third-party advisors to review your divorce settlement agreements as well, such as an accountant. The reason for seeking out independent counsel and third-party advisors is to help you gain the best understanding of your draft, ensuring it meets your expectations and there is no need to further mediate certain aspects of your divorce (such as property or asset distribution).

Seeking Out Independent Counsel

After you and your spouse both come to a final agreement regarding all matters of your divorce, we encourage that both of you seek out your own independent counsel. Of course, this is optional, but we do highly encourage it. Although the mediators at Nassau County Divorce Mediation Service are divorce attorneys with extensive experience, we cannot serve as your independent counsel. However, we do tell our clients to seek out a Family Law attorney. You can express your main concerns to your attorney, and they can advise you on whether or not the draft of your divorce settlement agreement is meeting your best interests.

If you can locate an experienced Family Law Attorney that you trust in, such as a friend or referral, we suggest you turn to them first. If it seems to you like your attorney is attempting to sabotage your agreement, claiming that it’s unfair even if it seems fair to you, they likely want you to retain them as an attorney to litigate your divorce. They’re essentially ignoring all the hard work you’ve put into mediating your divorce. If this seems to be the case, you should seek out a second opinion.

Visiting An Accountant

It’s important that both you and your spouse review the financial agreement you’ve drafted thus far. Your accountant should be familiar with family law. Your accountant should review your financial agreement, particularly because there may be tax ramifications surrounding your divorce. You’ll also want to make sure you’re getting what you deserve in terms of alimony or child support. You may be financially savvy, but having an accountant review your agreement before signing can help to alleviate any anxieties you may have.

Signing Your Divorce Settlement Agreement And Having It Filed

Once you and your spouse have met with third-party counsel and advisors, so long as you are happy with your draft, it’s time to sign your divorce settlement agreement. There’s no need for you to appear in court. We will bring your divorce settlement agreement and file it with the courts.