Charlotte, NC telephone (704) 896-5882 Mediation Services for North and South Carolina Convenient mediator offices at SouthPark and Lake Norman
Your Next Steps
Now that you have finalized your Memorandum of Understanding, you will need a competent attorney to make your decisions official. This is done by drafting a Mediated Separation Agreement (MSA) that contains all of the provisions of your settlement, support, and parenting plan (if you have children). Once this MSA is signed before a notary, it becomes legally binding, allowing the process of closure of a painful process to begin so that you may move forward and parent together. Your parental relationship remains intact.
The attorneys at Marcellino & Tyson are experienced at diligently documenting the decisions you made while staying committed to maintaining the cooperative spirit of mediation. They respect your decisions and will not attempt to “undo” anything that you have worked to put together. They will not make you adversaries – a concept that is certain to help the two of you maintain the goals you reached in mediation. They are available to assist you with the drafting of your MSA, execution of the terms of the MSA, as well as the process of Absolute Divorce. Marcellino & Tyson can help see you through the final steps of this process.
Please remember that the attorney will only be able to work with one of you in a limited representation capacity. So the two of you should discuss in advance who that will be. That person will be the attorney’s client. Limited Representation simply means the attorney will draft the needed documents and not providing any legal advice whatsoever. She will still respect your decisions made in mediation and not offer advice to try to change anything. She will also be encouraging you to work with your mediator if you have any disagreements or want changes made. Additionally, the attorney can communicate only with her client, not with the both of you. However, the client you designate can then forward any and all of the attorney communications to the other spouse if he or she so chooses.
So in deciding who the client will be, you may wish to consider for which of you it will be most convenient (work schedule, etc). Another consideration is that the client will be named the “Plaintiff” in any divorce filing that Ms. Moore does. As you know, the divorce filing takes place after the one year separation period. Sometimes clients are not willing to be named as the “plaintiff”. So if you have a strong opinion as to this, then the other spouse could be the client. If you happen to be in a situation where only one of you is willing to “initiate” the divorce filing, then that person should probably be the client from the beginning. Just remember that the spouse who is the client in having the Separation Agreement drafted must be the client for the divorce filing if you intend to use Ms. Moore for that filing.
In either case, Ms. Moore has explained that given the nature of the limited representation services that she will provide, the person who is the client or is named the plaintiff does not matter. Once you have decided who the client will be, only that person should reach out to Ms. Moore.
Ms. Jennifer P. Moore, JD
As the child of divorced parents, Jennifer has seen firsthand the stress the legal system can have on a family. She was fortunate in that her parents had a wonderful support system comprised of other family members and their respective attorneys, making the legal process smooth and manageable. More than ten years later, her family is a happy and loving blend of stepparents, stepchildren, new aunts and uncles, cousins and numerous grandchildren. Jennifer found that her personal history bolstered her passion for Family Law and the compassion she feels towards all of our clients.
Jennifer is thrilled to have found an area of the law that allows her to help those going through a difficult period in their lives come out stronger and happier on the other side, just as her family did. Jennifer’s goal continues to be to dedicate her career to ensuring other families have a similar experience to her own. Jennifer believes that with the right service and support, families can successfully navigate their legal matter and move forward in a positive manner.
6135 Park South Drive Suite 510 Charlotte, NC 28210 (704) 896-5882
Monday – Friday 8:30 a.m. – 5:30 p.m.
Lake Norman Office
18139 West Catawba Avenue Cornelius, NC 28031 (704) 896-5882
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