I have been married for 18 years and my wife was catch in an affair. We are in the process of divorcing. We agree on most of the terms related to spousal support, child support, and joint custody of my 14 year old daughter. My spouse has agreed to move out, so I will retain the martial home. She will be bringing my daughter with her, so child support is involved. I will agree to pay spousal support for the length of marriage, the same with my federal retirement pension payment for the length of marriage. My TSP (401K) will be also part of the settlement, Should we get separate lawyers or an arbitration lawyer to help us to minimize cost, since we agree on most terms.
Dear Mr. Pough:
Congratulations! You are on the right path in trying to amicably work matters out in your divorce. However, the devil is always in the detail. It seems like you both agree on the essential terms. It might be beneficial if you go to mediation without counsel, have an agreement drawn up and then you both take it to separate lawyers to have it reviewed before you sign same. Remember, you don't want to be "penny wise and pound foolish" as the expression goes. And once it is signed, you typically cannot then argue that you want to change it because you didn't get advice before signing it.
The mediator is not permitted to give legal advice, and I always think it is important for a person to know what the law says about all aspects of a settlement so an individual can determine if they are still comfortable with the agreement. Also, when it comes to division of retirement accounts, that sometimes gets a bit tricky to effectuate what you intend to do to make it legally binding, and in those cases an attorney's advice is certainly helpful.
Best of luck,
Cindy S. Vova,
Law Offices of Cindy S. Vova, P.A.
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