How does a lawyer help?
A lawyer can help ensure your mediated Divorce Agreement is accepted in Court.
Lawyers are valuable resources for spouses mediating their divorce. They can help to clarify and make your agreements more thorough, as well as assist in making your agreements consistent with the law. A lawyer’s guidance in the mediation process can be valuable because the Probate & Family Court is not obligated to accept your mediated Divorce Agreement, if the Judge has concerns with it. For example, the Judge may be concerned that (a) some of the agreements are not enforceable under the law, (b) the agreement does not appear fair to the Judge, and he/she does not understand why you came to the agreement, even if you & your spouse believe it is fair, (c) the Divorce Agreement is not sufficiently clear or complete. When these concerns arise, the Court will return the Divorce Agreement to you to fix. This can be devasting to divorcing spouses who worked very hard with their mediator to arrive at agreements they both believed were fair.
To avoid that devastation so late in the process, meeting with a lawyer early in the mediation process can increase the chances that your Divorce Agreement will be accepted by the Court. Specifically, a lawyer can review your agreements after each mediation session or at the end, so that you feel assured that they are unlikely to raise legal concerns with the Court. A lawyer can also help prepare you to discuss and resolve challenging issues during your mediation session, so that you can make agreements with confidence. A lawyer can help you better understand and articulate why you reached a particular agreement and believe it’s fair, if the Court asks for an explanation.
Lastly, a lawyer can draft your Divorce Agreement in such a way that increases the likelihood it will be accepted by the Court. Lawyers know that Judges look for certain language and provisions and will make sure that your Agreement includes them. Sometimes, a lawyer may be familiar with the Judge assigned to your divorce and how that Judge views certain financial or custodial agreements and, therefore, can include measures in your Agreement to address that Judge’s particular concerns.
A lawyer can make the mediation process more productive and efficient, as well as make you feel more confident about the experience and your agreements.
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