Resolve Divorce
Issues Peacefully

Using Mediation to Get Divorced in Massachusetts

Extensive Mediation Expertise

Benefits of Divorce
Mediation

Mediation gives the parties more control over the outcome of the process. Because they were part of developing the final agreement, they are more invested in making it work than if they were required to abide by conditions imposed by a judge.

What Does a
Mediator Do?

Divorce mediation is not for everyone. If one of the parties does not want to participate, it will not work. If one of the parties is being dishonest during the process (for example, hiding assets), it will not work.

Divorce Mediation
Process

A mediator does not decide what is fair and equitable in a divorce. The mediator helps the couple splitting up come to an agreement that the courts will accept and that is compliance with Massachusetts divorce law.

Decisions about
Property

One of the questions that always comes up in mediation is, “Who gets what?” You’ll be happy to know that in mediation, as long as you agree, you can make any property settlement you want.

Equitable
Distribution

Massachusetts state law states that assets and debts acquired during the marriage are to be divided should be divided equitably between the parties. This is the starting place for negotiations in a divorce mediation case

Who gets
the dog?

This is a difficult question, because you can’t divide the dog. If you owned the dog before marriage, it’s probably yours. If you purchased it together, you’ll have to negotiate, perhaps give up something else you want in order to get the dog.

Selling a Home

If the house is jointly owned, you will negotiate in mediation how the net proceeds will be divided. Net proceeds are determined by deducting mortgage loans, broker’s fee, costs of sale and taxes, and any other items you have agreed to deduct in the separation agreement, from the total (gross) proceeds

If the house is owned by only one of you, you must consider the following in negotiating about whether to share the proceeds:

Free Consultation 774-309-1198

How do we value our stocks?

If the stock is publicly traded, your mediator will help you agree on a date on which the stock will be valued, such as the date the separation agreement is signed, or the date the divorce is actually granted.

Divorce is messy, expensive and traumatic. There is no way to eliminate these things from the process, but some divorcing couples can reduce the pain by choosing to use voluntary mediation rather than adversarial litigation. Mediation allows couples to reach an agreement together that the divorce court can approve. In the process, they will save time and money. In addition, most couples who divorce using mediation report that they feel better about the outcome than they would have after going through a lengthy trial.

“The attorneys at the Mediation Center knew what they were doing and crafted an agreement that my spouse and I both agreed to. It was not too expensive and I didn’t have additional drama in my life. Thank you.”

Sara Mickelson

I am divorce lawyer Moira McLane. In my Fall River, Massachusetts divorce practice, I have seen first-hand the benefits of mediation. As a certified and experienced divorce mediator, I urge clients contemplating divorce to try mediation first rather than go to court right away. Mediation can be a win-win for both parties.

Children and the Home

The house is a marital asset. The value of that asset will be shared by the two of you. Usually, you have to negotiate an agreement if you want to continue to live in the house even if there are children living in the home.

In one attorney’s mediations, the couple decided that the custodial parent would live in the house until the youngest child graduated from grade school. A second mortgage was taken out so that the noncustodial parent could afford to buy another house. Once the child graduated and the original house was sold, the second mortgage was paid off out of the profits from the sale of the house, and after expenses for repair and maintenance, closing costs, and broker’s fee were deducted, the remaining money was divided equally by the parents.

In one of our office’s mediations, the wife agreed to buy out her husband’s interest so that she could remain in the house and he could move elsewhere.

Your mediator will help you determine the best way to value the business. If your spouse owns a large business with significant profits, you will want a CPA or other financial adviser who is experienced in valuing similar businesses to make the valuation. If the two of you can agree on the expert, it will be less costly than if you each hire your own.

If this is a small business, you may want to attempt your own evaluation. Look at income and expenses, assets and debts. What is the average gross income? Are there any long-term contracts for services the company is to provide? What are the expenses (lease payments, loan payments, salaries, taxes, utilities)? What are the assets (such as current value of equipment, accounts payable)? What are the debts (loans, unpaid taxes, unpaid in valuing the business, look at the retirement plans)?

Do You Also Need a Divorce Lawyer?

Any issue that arises in a divorce can be mediated. The mediation process can handle child custody, parenting plans, child support, spousal support, property division, and modifications to most things agreed to previously. It allows for more detail and flexibility when developing schedules, allocating debts and assets, and making non-standard arrangements. For example, a couple with children might agree to reduce the amount of spousal support in return for having one parent pay for an expensive summer camp, private school, or college. Mediation allows couples to tailor the outcome to their specific circumstances.

Divorce Mediation
Isn’t Right for Everyone

If you would like to learn more about divorce mediation and whether it would work for you, call the Divorce Mediation Center of Massachusetts at 774-309-1198. During our meeting, we will discuss your situation, my fees as a mediator, and the pros and cons of mediation. There is a better way to divorce!

But mediation may not be advisable when there has been domestic abuse, when there are large power differences between the parties, or when one or both parties are more committed to hurting each other than to resolving their issues. To learn more about how mediation works call us for a free consultation.