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.

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.

What is Divorce Mediation?

Divorce Mediation is a process by which married individuals can come together to resolve the issues regarding their divorce. The parties involved may choose to be represented by an attorney, however, during the mediation process itself, attorneys are generally not present.  The Mediator will meet with the parties together to discuss their issues, and may meet with each party individually depending on the circumstances of the case.

At a Divorce Mediation, the parties may choose to attempt to resolve individual issues or all of the issues surrounding their divorce. Some of the common areas that are addressed in Divorce Mediation are child support, child custody, parenting schedules, alimony, division of marital property, health insurance, and other issues involving the parties' children.

Divorce Mediation is a voluntary, confidential process. A dedicated Divorce Mediator will meet with the parties once, or several times, depending on the complexity of the case. The parties will be allowed to speak about their feelings and concerns regarding the divorce process and the issues that they are unable to resolve. The Mediator will act as a neutral person who will attempt to help the parties resolve their issues.

At the end of the Divorce Mediation, the parties may decide to sign a memorandum or a separation agreement outlining the issues that they have resolved.  A separation agreement is required by the court in order for the divorce to be finalized. The parties may take their signed memo or agreement to their respective attorneys for review.

Please contact Attorney Theresa Gomes if you are interested in learning more about Divorce Mediation in Massachusetts.