Your First Mediation Session
The mediation session can take place at the Quincy or Hingham office of Divorce and Family Mediation Services, at a location approved by you and your partner, or you can opt for online mediation if you or your partner is located outside of Massachusetts.
Before the first mediation session begins, you and your spouse, partner or family members will sign an agreement stating that you understand that:
- Participation in mediation is voluntary,
- Mediation meetings are confidential
- Notes and information shared in mediation are confidential
It is typical for family law mediation sessions to begin with the parties stating which issues they have already resolved by mutual agreement. If no issues have been resolved, don’t worry. This will be accomplished as the mediation progresses.
The next step is to assess which issues remain to be decided and what work needs to be done in order to reach an agreement. Issues that need to be covered in your separation agreement include:
- Child-related Issues
- Child custody
- Parenting/visitation plans
- Child support
- Who carries and/or pays for health insurance
- Who pays for medical expenses not covered by insurance
- Children’s educational needs, including who will pay for college
- Child care and after-school activities
- Issues of inheritance and beneficiaries for life insurance
- Who will hold passports for children
- Child tax credit
Property & Financial Issues
- The division of marital property, including the marital home and other real estate
- A list of all pensions/401Ks/403Bs/lRAs owned by both parties, if and how they may be divided and whether a QDRO will be needed to divide a pension
- The division of marital debt
- The disposition or division of a family-owned business
- Valuation of businesses
Alimony may include:
- Is a party requesting alimony?
- Is this an alimony review?
- Will alimony be paid and will it end?
Liabilities
- Who is responsible for debt?
- How will any joint debt be paid?
- Retirement and other assets
- How will these assets be divided in the agreement
Taxes
- Unpaid taxes – how will these be paid?
- Filing taxes together and separately
- Mortgage interest deduction
- Child tax exemption – how will this be done
Completing the Financial Statement
One form that must be completed is a financial statement that asks for information about monies that you receive, whether from work or other sources, as well as your assets and liabilities. (Click here for Massachusetts divorce forms and resources.)
If you feel overwhelmed when you look at the financial statement. Please do not worry. I can assist you with this when we meet. Call me, divorce mediation lawyer Carolan Hardy, at 617-750-9709.
You will need to file a signed financial statement with other documents when you are ready to file for your uncontested divorce at court. It is important that you complete this document accurately. You are signing under the pains and penalties of perjury. The judge will ask if you have read your spouse’s financial statement and will ask if you believe it to be accurate.
The Separation Agreement
When an agreement has been reached, I can prepare a draft separation agreement. The parties will review the draft privately and will then meet with me again to review the agreement together, noting any changes that may be needed. Mediation can continue if unresolved issues surface at this stage. Once a draft separation or divorce agreement is completed you are encouraged to review it with a mediation review attorney before you sign.
Once the parties have reached accord on the Separation Agreement, I can compile the rest of the documents you will need in order to file for an uncontested divorce in Massachusetts.
Divorce mediation is a cost-effective solution to divorce. Contact me to schedule a free initial consultation at my Quincy or Hingham law office. I am happy to speak with you about how divorce mediation can work for you.