One of the first questions you should ask yourself once you have decided to get a divorce, should be whether or not mediation could work for you and your spouse.
Choosing the mediation route involves jointly hiring a neutral mediator to help facilitate solutions to any sticking points between you are your spouse. The mediator is not the attorney for either or both of you. In fact, the mediator cannot give you or your spouse any legal advice. Rather, their job is to help you and your spouse come to a mutually satisfactory resolution.
Mediation offers a process in which both you and your spouse can discuss and decide arrangements for your children, division of property, and financial support, without court intervention. A series of meetings take place during which the mediator works with you and your spouse to plan for the financial needs of your family, your children’s living arrangements, and other issues that may require resolution. The goal of mediation is to come out of these meetings with a plan that is acceptable by both parties.
Consulting with an attorney is encouraged before or after both parties decide to go through with mediation. Consulting with an attorney can help you better understand your legal rights, obligations, and terms of the final agreement before you sign it. Mediation is not legally binding until you and your spouse come to a resolution, have filed your separation agreement with the court, and the court approves that agreement. So, how does this process work, exactly? If you and your spouse come to a resolution on all divorce matters through mediation, the mediator then drafts the separation agreement and submits it to the court for review. After the agreement has been reviewed by the court and is approved, then the agreement becomes a legally binding document. If you and your spouse cannot come to an agreement through the mediation process, then you may choose to litigate your divorce.
To speak with a lawyer about divorce or other family law matter, contact Mavrides Law in Boston, Newton, or Quincy, MA. To schedule an initial consultation, call 617-723-9900 or contact the firm at [email protected]
