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The
Three Roads to Divorce in Massachusetts |
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As a divorce attorney, I have found that many people facing divorce are
unfamiliar with the options available to them in Massachusetts.
This unfamiliarity can be costly in terms of time, emotion and money.
There are three roads to divorce –
Adversarial Divorce,
Collaborative
Divorce and Divorce Mediation. They share the same objectives: getting a Massachusetts divorce
and getting resolution on issues surrounding children, property and money.
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All three roads end in divorce; however, none use the same
approach to get
resolution on children, property and money.
Each road uses a different approach tailored to meet different
needs.
No road is inherently wrong but matching the appropriate road to
the appropriate circumstance can mean getting through a Massachusetts
divorce with the least expenditure of emotional trauma, time and money.
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The Adversarial Divorce Road |
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In Adversarial Divorce, a different lawyer
represents each party.
The lawyer is obligated to advocate for the client's best legal position.
If the parties are unable to reach agreement about children (if any), property
or money, a judge - after a trial - will issue a Divorce Judgment, which
will state
what each party will give and/or receive.
Adversarial Divorce is best suited for resolving deep-seated disagreement
- for example, where there is no trust between spouses or where there are
complaints of parental incompetence or allegations of asset hiding.
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In Adversarial Divorce the Massachusetts lawyer zealously
advocates the client's legal positions and must be prepared to "go to
trial" if necessary to protect those positions.
Because of the nature of the process, it is usually the most expensive in
time, emotion and money.
For more information on this road go to
Adversarial Divorce. |
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The Collaborative Divorce Road |
In Collaborative Divorce,
each party has their own attorney who is specially trained in the practice
of Massachusetts Collaborative Divorce.
The attorneys and their clients have one goal, the collaborative resolution
of all issues without the threat of trial.
Both attorneys collaborate in gathering all information necessary to resolve
disputed issues. If one party decides to convert to Adversarial Divorce,
both attorneys must withdraw and the information gathered cannot be used
in adversarial proceedings.
Collaborative Divorce is best for parties who trust each other and prefer
to have an experienced divorce attorney advocating for their interests. |
In
Adversarial Divorce, a lawyer must always avoid putting a client in a
position that can be detrimental at trial.
In Collaborative Divorce, since neither attorney need be concerned about a
trial, each is free to consider all options for obtaining a satisfactory
resolution.
Collaborative Divorce is often the least expensive process since court
appearances are avoided and delays common to mediation are avoided.
For more information on this road go to
Collaborative Divorce. |
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The Divorce Mediation Road |
In
Divorce Mediation,
divorcing parties usually do not have an attorney at their side. Instead
the parties usually meet alone with a neutral person called a mediator.
With the mediator they
attempt to resolve issues face to face. Instead of being an
advocate, the client’s attorney is an “on call” advisor and consultant.
Rather than concentrating on legal positions, mediating parties will be
guided by the mediator, and encouraged by their attorneys, to concentrate
on "interests" rather than "positions".
For example, a wife's position might be that she is entitled to the
family van therefore the husband should get the sedan.
If the husband's
position is different, only a judge can settle the dispute as to who is
entitled to the van. In mediation, the issue is not who is "entitled" but
rather what is the wife's interest in the van. If she wants it to start a
home-based business and earn an income, the husband may like the idea of
her earning an income and, therefore, agree to her having the van. |
Mediation sometimes takes longer than the
Adversarial road because
the mediator must make great effort to answer the questions of each party.
Because the cost and delay involved with court appearances are avoided,
Divorce Mediation is usually less expensive than Adversarial Divorce.
For more information on mediation go to
Divorce Mediation. |
