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.

The Timing of Divorce Mediation

A divorcing couple can engage in Divorce Mediation in Massachusetts at any time during their divorce. The parties may agree to meet with a mediator prior to even consulting with an attorney. It may be helpful for a divorcing couple to sit down with a mediator and discuss the issues that may come up during the divorce process. If the parties agree to meet with a mediator before meeting with an attorney, they may be able to provide their attorney with important information that they learn during the mediation.

The parties may also agree to utilize Divorce Mediation after consulting with their attorneys. Some parties feel it is important to speak with an attorney so that they can learn about their rights before attending a mediation session.

The parties may also choose to participate in the mediation process after they have filed for divorce. Once a Complaint for Divorce is filed, and the parties make their first court appearance, they may realize that they would rather resolve their divorce together instead of having a judge make decisions for them.

Finally, the parties may choose to seek the services of a mediator after their divorce has been finalized in order to resolve post divorce issues. Many issues arise after a divorce has been filed, especially when young children are involved. Rather than returning to court and having a judge decide their case, the parties may agree to resolve their issues in mediation.

Feel free to contact Attorney Gomes if you have any questions about the timing of Divorce Mediation.

Divorce Mediation Myth #1

There are many myths associated with Divorce Mediation. The first myth is that divorcing couples shouldn't consider Divorce Mediation unless they are in agreement about most issues concerning their divorce. This is certainly not the case. A divorcing couple can use Divorce Mediation even if they have not been able to agree on any of the issues of their divorce.  The mediator will work with the parties to resolve any of the issues that the parties wish to discuss during mediation.

Even after mediation, the parties may not be able to resolve all of the issues concerning their divorce. The most important information that a divorcing couple should know about Divorce Mediation is that they may consider using Divorce Mediation at any stage during the divorce process.

Please contact Attorney Gomes at tgomeslaw@yahoo.com if you would like to learn more about Divorce Mediation.