Four Misconceptions About Collaborative Divorce in Massachusetts

Collaborative divorce is a specialized, contract-based process designed to help couples end their marriage in a mutually agreeable, low-conflict manner. There are a lot of myths about how the collaborative law process actually works. Here, our Massachusetts collaborative divorce attorney dispels four of the most common misconceptions about the process.

Misconception #1: There is a Collaborative Divorce Statute in Massachusetts

False. Many states have collaborative divorce statutes, but Massachusetts is not one of them. As explained by the Massachusetts Collaborative Law Council, collaborative divorce is a contract-based, private process in the Commonwealth. The spouses (and their respective attorneys) sign a participation agreement that defines the scope of negotiations, the duty to disclose information, and the requirement to withdraw if litigation begins. In Massachusetts, courts recognize the resulting settlement agreement only after it satisfies all applicable legal requirements.

Misconception #2: Collaborative Divorce Means No Legal Representation

False. To use the collaborative law process in Massachusetts, you need an experienced collaborative divorce attorney. Indeed, each party retains independent counsel throughout the process. No one proceeds without legal advice. You deserve reliable legal representation. Your Massachusetts collaborative divorce attorney can advise you on your rights and your interests, including related to property division, spousal support, child custody, and child support.

Note: If one side withholds information or acts in bad faith, the process terminates. Both collaborative divorce lawyers must withdraw representation.

Misconception #3: Collaborative Divorce Only Works for Simple Cases

False. Collaborative law can be an effective tool in a wide range of divorce cases, from relatively simple ones to extremely complex ones. High-asset and complex cases often benefit the most from collaborative practice. Beyond that, disputes involving complex financial matters, such as closely held businesses, deferred compensation, stock options, or real estate portfolios, are often strong candidates for collaborative law. Collaborative divorce can always be a great option for parents with young kids who are looking to develop a workable parenting plan.

Misconception #4: Collaborative Divorce Guarantees Success

False. Collaborative divorce in Massachusetts works more than 90 percent of the time to get a settlement. Still, there is no guarantee that you and your spouse will get a settlement. Collaborative divorce is non-binding. Either party has the right to leave the process at any time. The participation agreement requires counsel to withdraw if the case moves to court. That rule creates a real consequence. A breakdown late in the process can suddenly move a case away from a settlement and towards litigation. Success is found by many divorcing couples, but it is not guaranteed.

Contact Our Massachusetts Collaborative Divorce Lawyer Today

At Reade Law Firm, PC, our Massachusetts collaborative divorce lawyer is standing by, ready to help. If you have any specific questions or concerns about collaborative law, please do not hesitate to contact us today for a confidential consultation. With an office in Peabody, we handle collaborative divorce in Essex County, Middlesex County, and throughout the region in the Commonwealth.