Do I Need a Lawyer, if My Spouse and I Plan to Mediate Our Divorce?

In Massachusetts, neither you nor your spouse are required to have a lawyer to mediate your divorce.  However, a lawyer can be very helpful in a mediated divorce.  For example, a lawyer can: 

  1. help ensure that your agreements will be accepted by the Court; 

  2. offer ideas to resolve complex issues based on his or her legal experience that you and your spouse may not have considered; 

  3. advise you if you have a concern or question about the agreements you are making; 

  4. introduce you to additional trusted professionals that will help you answer financial, real estate and trust & estate questions that you may need answered before reaching an agreement; 

  5. provide insight to challenging issues, such as custody and support, based on his or her legal experience that help you and your spouse reach a resolution.

It’s important to note that a lawyer can only work for one spouse, not both, even if you mediate a divorce.  Therefore, it’s best that both spouses hire their own attorney and that each attorney is committed to the mediated process and their client’s desire to resolve their divorce outside of Court.

Previous
Previous

How a Mediation-Friendly Lawyer can Strengthen Agreements.