A significant number of divorces end in divorce rather than death. Either spouse in Massachusetts can request a no-fault divorce when their marital relationship declines.
You might want to file because you are unhappy, or you may have felt blind-sided when your spouse served with divorce paperwork. In either scenario, the intense emotions that you feel might push you into an adversarial approach to divorce. For many couples, however, a cooperative approach is more effective.
Divorce mediation has become a popular tool for spouses working together at the end of their marriage. What are some of the reasons people turn to mediation instead of going through court?
Divorce litigation is impossible to predict
When you litigate your Massachusetts divorce, you give a family law judge the final say about everything from who keeps the house to how much time you get to spend with your children. While you can certainly strategize and try to present a compelling case to the courts, there is no sure way to know what a judge will rule in litigated proceedings. When you mediate instead, you and your ex get to set those terms yourselves and retain control over the outcome.
Mediation is confidential, not public
A divorce is intensely private, but it also becomes part of the public record. What you say about each other or your marriage could later be accessible to others.
When you go through divorce mediation, the records of what you say are confidential under state law. You can talk about the most personal of matters with no worry that others will later have access to those details.
Mediation can keep your costs low
Although it may seem counterintuitive, working with a mediator can sometimes lead to a less expensive divorce. Yes, you will have to pay for yet another professional’s assistance, in addition to the attorneys that you and your ex each retain.
However, their services could lead to a settlement agreement both of you are comfortable signing and then an uncontested divorce. Mediation helps minimize how much time you spend in court and can drastically reduce the overall expense involved in the dissolution process.
Recognizing the benefits of divorce mediation can help you decide if suggesting it to your ex would be a good idea in your case.