Mediation is a popular option for couples in Massachusetts when they have decided to divorce.
A couple who has agreed that their marriage has reached a point of “irretrievable breakdown” according to Massachusetts General Law Chapter 208, due to no particular fault of either party, may want to seriously consider mediation. This is a “no fault” divorce in Massachusetts. A contested divorce is expensive, costing thousands of dollars. Mediation is often more affordable and takes less time than a contested, litigated divorce.
Sitting down with a trained and experienced mediator, often an attorney, provides the divorcing couple an opportunity to develop a fair and equitable memorandum of understanding covering all of the requirements of ending their marriage contract and dividing their assets. Mediators are able to help agreeable couples through simple or complex financial situations including child support and child custody agreements.
Mediation should be considered by couples who agree on most terms of their divorce and are willing to discuss those areas which are difficult. A divorce mediator may be an attorney but is not going to give legal advice to either party, and cannot represent either party individually.
Mediation is voluntary throughout the process for all parties. Either member of the divorcing couple may change their mind about using mediation at anytime.
The goal of mediation is to help a couple make their own agreement, a memorandum of understanding, which is fair and equitable, and acceptable by the court as a divorce agreement. A mediated divorce provides an opportunity for the couple to discuss alternatives peacefully and on their terms. A mediator will walk couples through all issues required by the courts as part of a divorce agreement.
Mediation is worth considering for those divorcing couples who are in agreement about the terms of their divorce and want to save money in the process. If you are considering divorce and believe mediation may be an appropriate option, please contact our Quincy office to learn more about the divorce mediation process.