Do I want a lawyer or a mediator for my MA amicable divorce?

You likely want both! Mediators facilitate discussions between divorcing spouses when they struggle to converse and agree on issues, such as custody, parenting plans, asset division, alimony and child support. The mediator helps the spouses identify mutual goals and find optimal resolutions and agreements. Mediators are neutrals, meaning they represent neither spouse, and play an important role in the amicable divorce process. Since mediators are neutrals, both spouses may engage in the initial consultation with a mediator.

Lawyers give legal advice on those issues, i.e., custody, parenting plans, asset division, alimony and child support. A lawyer also answers questions about the MA divorce process and MA family law as it applies to the client. The lawyer also explains and helps the client complete necessary tasks before the divorce, as well as ensures all the divorce paperwork is completed properly and filed with the Court. However, the mediation-friendly lawyer represents the legal needs and questions of only one spouse. Thus, only that spouse will engage in the initial consultation with a lawyer.

While mediators can explain the divorce process, in general, and complete the divorce paperwork based on information the spouses provide, they cannot act as or replace the role of the lawyer… even if the mediator is also a licensed attorney!

So, most spouses who want an amicable divorce, will want a mediator and a lawyer. However, both a lawyer and a mediator are not always wanted. For example, a divorce may be so simple, such as a short-term marriage with no children or assets, that hiring two lawyers to guide you each through the legal process will be sufficient. Sometimes spouses can manage most of the decision-making with the assistance of just a mediator and won’t need a lawyer until later in the process, to review the Separation Agreement for example. For many families, the issues are complex enough that spouses need legal guidance and education from a lawyer from the very beginning, in order to engage productively with the Mediator and their spouse.

Remember, hiring a lawyer for your mediated MA divorce does not mean the divorce will become contentious or litigious. It means that you and your spouse want to make informed decisions and reach solid agreements that will be approved by the Court. There are mediation-friendly attorneys, such J. Hatch Law LLC, who want to support you through the mediation divorce process.

I invite you to schedule a consultation with Jennifer Hatch, a trained mediator and a family law attorney, to learn more.

| photo by Sebastian Pichler on unsplash