Submitted by Anonymous on Mon, 10/26/2009 - 08:36
My husband and I have already started divorce proceedings in MA with separate attorneys but we're finding the process extremely expensive and cumbersome (hard to communicate through attorneys on so many issues). Can we still move to divorce mediation to come up with an agreement? Thanks.
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Editor's Response
Yes you can. Massachusetts law does not prevent a couple from moving to divorce mediation, even though their adversarial divorce proceedings have started in family court. In fact, the couple can keep their current attorneys and use them to offer independent reviews of any agreement that is reached in mediation. Of course, if both couples are not willing to be completely open and honest in the mediation process, mediation will not work. If for example, one party believes the other is hiding assets, mediation will not be the way to go, because discovery will be required to shed light on the financial situation of both parties. However, for couples who can be honest with each other, and who have custody or support issues to work out, divorce mediation may be a good and less expensive alternative. Good luck.