Is Divorce Mediation Right For You?

Most couples that are considering divorce believe their only option is to go through the divorce process in the Probate and Family Court. However, many divorcing couples in Massachusetts can benefit from Divorce Mediation. Although not all couples are able to resolve their issues through Divorce Mediation, most are able to complete the process and come to an agreement that they are both satisfied with. It is recommended that most couples meet with a Divorce Mediator in order to learn about the process and determine if Divorce Mediation is right for them. Please contact Attorney Theresa Gomes at (617) 524-6600 to set up a one hour consultation if you are considering Divorce Mediation in Massachusetts.

Second Parent Adoption Post DOMA

Several of my clients have asked me whether they need to have a second parent adoption in Massachusetts since DOMA has been overturned. The simple answer to this question is, Yes. Even though gay and lesbian marriages are now recognized federally, there are still a number of states that do not recognize gay marriage. This may present problems for married couples travelling out of state with their children. Unlike gay marriage, gay adoption is recognized in most states and therefore the parental rights of the parties cannot be challenged.

In addition, after speaking with an esteemed Probate Judge in Middlesex County, it is clear that judges prefer to have the couple adopt their children so that there is no confusion about the intent of the parties to both be parents of the child.

Please feel free to consult Attorney Gomes if you have any questions about second parent adoption at 617-524-6600.

Divorce Mediation in Massachusetts

The question I hear most often is whether Divorce Mediation is appropriate for every divorce in Massachusetts. The answer to that question is No, Divorce Mediation is not appropriate in every case. However, most cases can benefit from Divorce Mediation. Even if the parties are unable to agree on every single aspect of their divorce, they may be able to resolve the majority of their issues in mediation. The only cases that may not be appropriate for Divorce Mediation are those in which there is serious domestic violence between the parties. Otherwise, Divorce Mediation can be a cost effective way for parties to divorce and still maintain a relationship with their spouse, especially when there are children involved.

Please contact Attorney Theresa Gomes at 617-524-6600 if you would like to hear more about the benefits of Divorce Mediation in Massachusetts.

Contested Divorce vs. Uncontested Divorce

In Massachusetts, a divorcing couple has two options when filing for divorce. They may choose to file for a contested divorce or an uncontested divorce. A contested divorce is normally filed when the parties are unable to agree on the major issues of their divorce. An uncontested divorce is filed jointly by the parties when they are in agreement about all of the issues of their divorce.

A contested divorce can be filed by either one of the parties. In a contested divorce, one party must serve the other party with a Complaint for Divorce. After the Complaint for Divorce is served, either party may decide to go before a Judge to decide Temporary Orders. The Temporary Orders can be agreed upon jointly by the parties or the Judge may decide the terms. The Temporary Orders will cover all of the relevant issues, such as child support and a parenting plan. The Temporary Orders will be in effect until the parties have come to an agreement through a separation agreement or after a trial. During the divorce, the parties will have a number of court dates, including Motions, Pretrial Conference, and Trial. If the parties are unable to come to an agreement on the trial date, the Judge will hold a trial and all of the witnesses will testify. The Judge will then render a decision on all issues of the divorce.

In an uncontested divorce, the parties meet with each other to discuss all of the issues of their divorce. Here is a list of the major issues that the parties must come to an agreement on:

1. Child Support
2. Alimony
3. Parenting Plan
4. Division of Marital Assets & Liabilities
5. Health Insurance
6. Life Insurance

Divorce Mediation can be a very helpful way to facilitate an uncontested divorce. Once the parties have agreed on all of the issues, a Separation Agreement is drafted and is filed with the court along with a Joint Petition for Divorce. The parties are only required to go to court once, and a Judgment for Divorce will issue on that date.

Please contact Attorney Gomes if you are interested in Divorce Mediation and/or filing for an uncontested divorce in Massachusetts.

Will the Court be Involved if We Use Divorce Mediation?

The simple answer to this question is Yes. The court will be involved if you use Divorce Mediation to resolve your divorce in Massachusetts. However, the court involvement will be very limited. One of the main differences between resolving your divorce with a mediator as opposed to a contested divorce in the Probate and Family Court is that you have the opportunity to come to an agreement with your spouse without the involvement of the court. When a divorcing couple decides to dissolve their marriage through a contested divorce there can be many court appearances by the parties. However, after a completed Divorce Mediation the parties will only have to go to court once, and their divorce will be finalized on that date.