HOW TO SIMPLIFY A DIVORCE

by Priscilla Mahoney LICSW, Mediator

The divorce process is often overwhelming, adversarial, costly and lengthy.  In Massachusetts, the average cost for a divorce when both parties obtain legal counsel is $30,000.  That cost increases should the case not reach a settlement without a trial.  In addition, there is frequently a long waiting period for court dates and the final approval for a divorce can take up to two years   The parties involved are not in control of the process, the costs incurred, or the time frame.

There is however, a reasonable alternative.  This alternative is called Mediation.  Mediation provides a neutral forum for the parties to negotiate their own settlement agreement.  Even individuals who have difficulty communicating with their spouse can use this approach effectively.  The Mediator meets with the parties and explains in detail to them how the process works.  This process involves joint meetings or in some cases individual meetings in which the parties are able to identify their wishes, concerns, and become educated on the divorce process and requirements of the Massachusetts probate courts.

The Mediator assists the clients in creating terms that suit their joint and individual needs as well as the needs of any minor children they may have.  The Mediator also ensures that each party understands fully the outcome of their decisions.  Mediation promotes effective communication with a non-adversarial approach.  A Mediator may be either a trained Mental Health Professional or an Attorney.  It is not necessary for individuals to have legal counsel representing them to obtain a divorce in Massachusetts, however utilizing mediation does not mean that the parties cannot also choose to have legal counsel involved.

Mediation streamlines the settlement agreement process by enabling the parties to identify their specific wishes and empowering them to make decisions.  Since the process is streamlined, the cost to the parties is dramatically reduced.  Mediators do not require retainer fees and the average cost is less than $5,000 depending on the individual fees of the Mediator and the time required to come to a final separation agreement.  An additional benefit to the parties is the reduced time to obtain a court date.  Since the parties file a joint petition with an attached agreement, the wait time for a court hearing date is typically only a few months.

Participants who have successfully completed mediation have reported that the process is amicable, less stressful and beneficial in moving through an emotionally difficult situation.  Massachusetts probate court magistrates are currently encouraging the parties to utilize mediation as a means of reaching a settlement agreement and to avert lengthy delays.

Locating a Mediator in Massachusetts can be done by going onto the website for Massachusetts Council for Family Mediators or MCFM.com.  Another way to locate a mediator is to search under the category of divorce mediators in Massachusetts and then enter your geographic area of preference.