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Divorce Mediation - Explained Easily
Note: If you are facing divorce you are probably feeling a lot of uncertainty. This article will take away the uncertainty about Divorce Mediation. It is short and to the point.
Mediation is one of three options for divorce in Massachusetts. (Adversarial Divorce and Collaborative Divorce are the other two.) Mediation is not always the best option; however, when it is the best-Mediation can save time and money, and avoid the discomfort of Adversarial Divorce.
In Mediation, the mediator concentrates on "interests" and not "positions" or "entitlements".
For example, your spouse's position might be that she or he is entitled to the van, therefore, you should get the sedan. If you disagree, only a judge can settle the dispute as to who is entitled to the van. In Mediation, the question is not who is "entitled" but rather: What is your "interest" in having the van? If your spouse wants to use the van to start a home-based business and earn an income, then you, realizing that you may be paying less support, may agree to give up the van.
A mediator cannot, by law, give legal advice. In Mediation, a spouse's attorney usually does not attend sessions and typically acts as an advisor not an advocate.
Mediation is probably a good option for you and your spouse if:
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Divorcing couples in Massachusetts can divide their property on their own, or they can leave it up to the court, who will divide all the property equitably. When dividing marital property, courts consider such factors as the length of the marriage, the conduct of the spouses, the occupation and income of the spouses, their employability and the opportunity for each spouse to acquire property in the future.
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