The changes in the law brought about guidelines and structure that were never before part of a Massachusetts Divorce. One of the goals of the legislation was to bring Consistancy and Predictibility to divorcing spouces. It was hoped that the new law would be interpreted the same by Judges in one county the same as all other counties. Unfortunatly, Judges have discretion to interpret the law in any way they wish. In other words, the word “Shall” in Cambridge could have different meanings in different courts. Lawyers creatively representing their clients do their very best to convince Judges that the words used by the Alimony Reform Task Force have different meanings depending on which side they represent in court.
A Negotiated Settlement is your BEST OPTION.
My advice is to never go before a Judge if you can help it. In other words, Mediate don’t Litigate.
With the changes in the law, many post divorce people can file for a modification to terminate an alimony for life order or seperation agreement. Filing a Complaint to Modify can be a very costly and adversarial option opening up old wounds and acrimony. If you are eligible for a motification, why not do a Post Divorce Mediation instead.
What is a Post Divorce Mediation?
A Post Divorce Mediation is very similar to a Pre Divorce Mediation. Both parties sit together and negotiate a settlement. In my experience, the receiving party wants security, while the payer wants finality. Somewhere in the middle is an agreement.
With a Post Divorce Mediation, both parties control the outcome, and you can Survive the Agreement to avoid any future litigation. There need not be agrevating and invasive discovery and associated litigation costs the a filing of a complaint would incur. You control the process, the costs and the ability to go on with your life with no future financial ties to your ex spouse. It has been my experience that once the financial ties are negotiated away, divorced couples become civil again and have only the children and grand children tying them together.
Call now: 508-335-0069 for a Post Divorce Mediation Consultation to see if this can work for you. I can also be reached by e-mail at: [email protected]