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.
Thursday, June 13, 2013
Saturday, June 1, 2013
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:
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:
- Child Support
- Alimony
- Parenting Plan
- Division of Marital Assets & Liabilities
- Health Insurance
- 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.
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