All divorces in Massachusetts are filed and heard in the Probate and Family Court in the county where the parties last lived together.
All FAQs
If I use ADR to modify an existing judgment, will I have to go to Court?
Modifications, involving such things as child support, alimony or parenting schedules, do not necessarily require that you appear in Court. If you are seeking to modify an existing judgment through ADR, your ADR professional can assist with drafting the necessary paperwork and then submit it to the Court for review.
What is conciliation?
Conciliation is a process in which an experienced attorney assists the parties to settle their case by clarifying their issues and assessing the strengths and weaknesses of each side of the case. If the case is not settled by conciliation in total, the attorney helps the parties explore the steps which remain to prepare their case for trial.
What is the role of the conciliator?
The conciliator’s job is to identify the contested issues and provide input to the parties as to the possible scenarios for resolution based upon their experience and other circumstances that would affect the result if the issue were tried by a judge. The ultimate goal of a conciliator is to direct the parties to a resolution based on the facts. The role of the conciliator is different than the role of a mediator. In conciliation, the conciliator tells the parties what the result could be as compared to mediation where the mediator asks the parties what they want the outcome to be.
Do I need a lawyer during conciliation?
Conciliation is not a substitute for the services of a qualified attorney. Both parties are encouraged to obtain independent counsel during the conciliation process, and to have their lawyer review any agreement before it is signed.
What if my case is too complicated for conciliation?
No case is too complicated to be resolved by using the conciliation process. The parties in conciliation may consult with outside experts such as accountants, appraisers, financial planners and attorneys during the process.