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:
help ensure that your agreements will be accepted by the Court;
offer ideas to resolve complex issues based on his or her legal experience that you and your spouse may not have considered;
advise you if you have a concern or question about the agreements you are making;
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;
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.
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