A common question at the start of mediation is, “Why do we need attorneys if we agree on everything in mediation?” The answer is you are not legally required to use an attorney to get a divorce in New Jersey. You can represent yourself in court. It is called being “pro se.” However, it is best practice to use a review attorney (a divorce attorney acting in a more limited role) for any legal support that may arise during mediation and the court part of the divorce process. Think of a review attorney as your legal safety net before you sign on the dotted line. The divorce process is not the time in your life to take a leap of faith without a safeguard in place.
There is an additional cost for a review attorney that is over and above the cost of divorce mediation. Many people seek out divorce mediation because it is a lower cost alternative to litigation. So if a person is trying to save money in the divorce process does it really make sense to spend more money on a service that they do not think they need. This sounds like the adage “penny wise and pound foolish.” Yes, you are saving money now, but you may be losing money in the future if you accept less than you deserve. And you may be accepting less than you deserve if you do not have the legal support in your corner advocating for your specific interests.
Using a review attorney does not mean that you are bracing for a fight or ruining the peaceful spirit of divorce mediation. It just means you are being smart. You complete 90% of the divorce process in mediation and enjoy all the cost-saving, low-stress benefits of divorce mediation while still ensuring your legal and financial future is completely secure. When your divorce mediation wraps up, signing the resulting settlement without professional legal review can leave you vulnerable to future issues. A review attorney ensures your rights are protected, the language is legally binding, and the terms will be accepted by a New Jersey court.
Divorce mediation is highly effective for keeping costs and stress down while maintaining control over your future. However, divorce mediators function as neutral facilitators. Even when a mediator understands New Jersey family law, divorce mediators do not provide a client with personalized legal advice or advocate for a specific interest. A divorce mediator’s job is to facilitate a fair conversation and help you and your spouse find common ground. A divorce mediator does not represent either party. A divorce mediator does not look at a proposed split of a marital asset and tell one of the parties that this is not a great deal for you based on current New Jersey case law. That is what a review attorney can do for you.
A review attorney is 100% in your corner. Their sole job is to advocate for your personal best interests (which may be different than what is in your spouse’s best interest), review the proposals from your mediation sessions, and ensure you fully understand the long-term impact of this agreement. Once you and your spouse reach an agreement in mediation, the divorce mediator will draft the proposed settlement, called a Memorandum of Understanding.
A review attorney looks at the proposed settlement strictly through the lens of your future. They will evaluate your part of the division of assets, debt allocations, spousal support (alimony), if applicable, and—if you have children—child support and parenting time. A review attorney can spot the red flags such as agreeing to terms that are heavily skewed against you or failure to account for long-term tax implications on the division of assets and debts. You can then continue in mediation with this knowledge and make the necessary adjustments to the proposed divorce agreement. A Memorandum of Understanding is a work in progress and changes can be made to it as the mediation process continues.
An experienced review attorney will ensure that the divorce agreement contains the necessary legal boilerplate language, is structured properly to avoid being rejected by a Family Part judge and is clearly enforceable if your ex-spouse stops complying with the terms down the road. A review attorney acts as a critical safety net, giving you a final chance to ask questions and fully understand the long-term impact of the agreement before you are legally bound to it when the terms are approved by a New Jersey court.
Spending a few hours with a review attorney during the mediation process prevents the possibility that you signed away rights that you did not know you had or never fully understood. It gives you the ultimate peace of mind that your agreement is legally sound and truly workable. Divorce mediation is easily one of the smartest routes a couple can take when splitting up in New Jersey. It saves money, keeps things private, and puts you in control of your future instead of a judge. But it is not the entire process. At Westfield Mediation, the divorce mediator can share a list of reputable review attorneys. You can opt to work with a review attorney from the provided list or one of your own choosing.
The review attorney can help with this small, but crucial, piece of the divorce process. These are big, life decisions you are making as you move forward into your new futures. Use the safety net!