In Massachusetts, the collaborative process is a form of alternative dispute resolution similar to mediation – meaning your case will be resolved outside of court. While your ultimate agreement must be approved by a judge, with a Massachusetts Collaborative Divorce you and your spouse will determine when the children will be with each of you, who will make the major decisions involving their education, healthcare and moral upbringing, how your assets will be divided and whether one of you will pay support to the other.
The first step toward a Massachusetts Collaborative Divorce is for each party to retain a collaborative lawyer. The two lawyers will then bring in a collaboratively trained coach. This is often a therapist, a person who will talk with each party and sometimes the children to make recommendations as to parenting time (sometimes called physical custody). The two lawyers will often also bring in a financial neutral to assist with the division of assets and child support and/or spousal support. A financial neutral not only helps the parties come to an agreement as to what is best for the family but can also make recommendations as to income tax matters.
Initially you will meet with your own lawyer and your spouse will do the same. The lawyers may speak separately with the coach and financial neutral, sharing financial information that is relevant. When everyone has had a chance to familiarize themselves with your case, the newly formed team – you and your lawyer, your spouse and your spouse’s lawyer and the coach and the financial neutral will meet to begin drafting a separation agreement that you and your spouse feel comfortable with and that the court can find to be fair and reasonable.
All Massachusetts Collaborative Divorce , like Massachusetts Mediated Divorces, have to be fair and reasonable to comply with court rules.
Once your separation agreement is finalized, you and your spouse will sign it, along with a half dozen other forms the lawyers will prepare, and your case will be submitted to the appropriate court for an uncontested hearing. Often this hearing can be done on Zoom so no appearance at the courthouse is required. Whether by Zoom or in person, your hearing will be short – requiring only that the court find your Massachusetts Collaborate Divorce is fair and reasonable and that your marriage is irretrievably broken down. One hundred twenty days after that hearing, your divorce will be final.