Start by gathering information. Take the time to learn what’s available, and what the legal and style differences are between various divorce process options.

In Massachusetts, you can start the process by filing a complaint with the court if you want court involvement throughout your case. Or you can resolve your divorce entirely without court involvement, and only see a judge at the end to submit your final written agreement.

Most divorce professionals offer brief, no-cost consultations to talk though various options that can help you get started. It’s often a good idea early in the process to talk to an attorney/mediator who can fully explain the process options.

Talk to Patrice to learn more.

In Massachusetts, all divorce agreements must be in writing and must be approved by a Probate and Family Court judge. So, although you might reach your agreements and understandings through Divorce Mediation, Collaborative Divorce, or just between the two of you, you do still have to submit your agreement to the court for approval. In most such cases, you will attend one hearing to answer basic questions about your marriage, your finances, and your divorce agreement. And in most cases, you do not need an attorney to attend the hearing with you.

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Patrice is both an attorney and a mediator. These roles are different, and if you engage her in one role, she cannot provide service in the other role. For instance, if Patrice has met with you individually and provided legal advice or even heard you speak much about your divorce situation, she probably can’t act as a neutral mediator for your divorce. Likewise, if Patrice has met with you and your spouse as a neutral mediator, she probably can’t become counsel for either of you individually.

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Yes and no.

The answer is no if the question involves legal advice.  Mediators are neutral facilitators and cannot provide legal opinions or advice, even if they are also lawyers.

However, in Massachusetts, mediators can provide basic information about the law, such as a possible range of options on a given subject. This might come in the form of examples given by the mediator of solutions they’ve seen other couples use successfully.

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No. Although both processes are private, voluntary, and involve neutral facilitators, Collaborative Divorce is a different structure. Mediation might include just you, your spouse and the mediator, whereas Collaborative Divorce involves the spouses, their collaborative lawyers, and a neutral called a Coach/Facilitator, who is usually a mental health professional.

Collaborative Divorce is also a more structured process. Both spouses can benefit from the Professional Team approach, which can also include neutral financial consultants. Collaborative Divorce also provides real time access to individual legal advice during collaborative meetings.

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Maybe. Of course, you are free to make decisions and complete your divorce without independent legal advice. However, at your divorce hearing, the judge will ask if you had chance to have your legal questions answered. In some cases, if a judge is very concerned about something in your agreement, she might ask that you seek counsel. Because this can happen, Patrice always recommends that her mediation clients consult independent counsel before signing and submitting a final agreement.

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