Palmer, MA asked in Arbitration / Mediation Law for Massachusetts

Q: Can I legally perform mediation for divorce from my husband if both of us agree on the terms?

Terms defined would be finances and visitation of my two teenage sons. Could you also suggest any reading resources?

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1 Lawyer Answer

A: Mediation involves a 3rd party neutral professional. It seems you're considering a marital settlement agreement via negotiations with the dad. Child custody orders, including child support, should be issued by a Court to be legally valid. See: https://www.mass.gov/info-details/massachusetts-law-about-child-custody-and-parenting-time. You may be wise to have a lawyer handle these negotiations, draft a proposed settlement agreement, and file it in Court seeking an Order on the agreed terms. This process is called a Collaborative Divorce. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in California, New York, Massachusetts, Washington State, and the District of Columbia in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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