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Mediation agreement VS Divorce

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Mediation agreement vs. Divorce  I have a mediation agreement where I waived things like spousal support and etc as it was all too much to comprehend at the time. The ex has filed for divorce, do I need to have the separation finished before or can it be done after the divorce is final?

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Jennifer M. Long, B.A. J.D.
9 years ago

I strongly recommend that you consult with a lawyer before taking any further steps, specifically with respect to the circumstances surrounding the "agreement" (if that is what it was) that was reached. It is unclear to me whether you already have a signed separation agreement, or whether you are talking about a Memorandum of Understanding from mediation or some other thing. Sometimes after a mediation, parties walk away with a memorandum of understanding but are advised to get legal advice before entering into a final Separation Agreement. A separation agreement can be finalized after the divorce is finalized, however it is important to keep in mind that the limitation period for making a property division claim changes once a divorce is obtained. A property division claim can be commenced within 6 years of the date of separation but only 2 years from the date of the divorce, whichever comes first. Again, I urge you to speak with a lawyer in greater detail about your situation to determine (a) whether you have a binding signed agreement and if so, the circumstances surrounding the signing of the agreement and (b) if not, to assist you in reviewing the terms you discussed during mediation to see if they are in accordance with law and fair. You should have a signed proper Separation Agreement in place. You can call Long Shariff & Associates for a free consultation and to discuss your situation in greater detail so proper legal advice can be provided to you.

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