We Already Filed for Divorce in Massachusetts: Can We Still Switch to a Collaborative Divorce?

Did you file for divorce? If your case is still pending, you may have questions about collaborative law. The Massachusetts Collaborative Law Council explains that collaborative divorce is a structured, non-adversarial alternative to litigation. If both parties are willing, you can often switch to the collaborative divorce process even if your initial divorce petition has already been filed. Here, our Massachusetts collaborative divorce lawyer explains the key things to know about switching to a collaborative divorce.

Massachusetts Allows Parties to Resolve a Pending Divorce Through Collaborative Law 

Massachusetts allows divorcing spouses to resolve a pending divorce through collaborative law. That is true even after a complaint for divorce has already been filed in the Probate and Family Court. However, unlike many other states, Massachusetts has not adopted a specific collaborative divorce statute. So how does the system work? A collaborative divorce operates through contract principles and court rules governing settlement of domestic relations cases. A collaborative divorce begins when both spouses and their attorneys sign a collaborative participation agreement. It is this agreement that establishes the procedures for resolving the divorce outside of adversarial litigation.

You and Your Spouse Must Enter a Formal Participation Agreement

In the Commonwealth, the participation agreement is what forms the legal foundation of the collaborative process. The document sets out the expectations and obligations governing the negotiations. Although Massachusetts does not regulate collaborative law through statute, the structure commonly follows professional practice standards recognized by the Massachusetts Collaborative Law Council and collaborative practice groups across the state. The agreement usually contains several key provisions, including:

• A commitment by the parties to resolve the divorce outside of litigation;
• A commitment to provide full and voluntary financial disclosures; and
• Representation by attorneys who must agree that they will withdraw from representation if the collaborative process terminates without an agreement.

The Probate and Family Court Case Typically Remains Open 

When spouses decide that collaborative law is the best path forward for their pending divorce, that will not close their active case. Instead, the petition for the case filed in court generally remains active but dormant. To help facilitate an agreement through collaborative law, the spouses often request continuances of scheduled hearings and/or conferences while collaborative negotiations proceed. Probate and Family Court judges routinely grant these requests as long as there is a good faith effort towards a settlement.

Note: Massachusetts divorce procedure ultimately requires court approval of any final agreement. Once negotiations conclude, the parties typically file a separation agreement with the court along with the required financial statements under Probate and Family Court Rule 401. The court then reviews the agreement to determine whether the settlement is fair and reasonable. 

Contact Our Massachusetts Collaborative Divorce Attorney Today

At Reade Law Firm, PC, our Massachusetts collaborative divorce lawyer is standing by, ready to help you find the best path forward. If you have any questions about switching to a collaborative divorce after filing, we can help. Contact us right away to arrange a fully private initial consultation. With an office in Peabody, we handle collaborative divorce in Essex County and throughout the region.

Source:

massclc.org/collaborative-divorce/