Baron Law & Mediation | Blog

March 15, 2018 Allan and Amy Beth Baron

Five Reasons You Should Consider Divorce Mediation for a Short-Term Marriage

Categories: Divorce Mediation

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Divorcing and Have No Children?  

Short term marriages are generally considered to be about 5 years or less.  

 

Generally speaking, in short term marriage divorce cases, the goal is to put the parties back into the positions, financially speaking, of where they were when they entered the marriage.  Unlike medium or long term marriages where there may be a lot of unwinding of assets and/or debt accumulation. This, typically, is not the case with short term marriages. This can be a lot simpler. Here's why divorce mediation for a no-children short-term marriage in Massachusetts may be your best option. 

1. A MEDIATED DIVORCE will allow Husband and Wife to speak directly to one another with the help of a neutral third party. 

Many people who go through a divorce have a difficult time communicating with their spouse.  Using a third-party neutral "Mediator" provides a level of comfort that puts the parties in a position where they can better advocate for themselves directly with their spouse in the presence of the Mediator. In the beginning stage of mediation, there should be a discussion identifying the goals and concerns of each party.

2. There will be discussions on financial decisions and their impact on the couple going forward.

The mediator him/herself, if qualified, will help the couple examine their finances, check their level of understanding about their current and possible future financial situation, possibly “try out” various options and determine how they would like their lives to continue. Contrasting this to a litigation setting where the court will divide assets, liabilities and cash flow, a good mediator/financial neutral will look for common interests and then help the parties craft a plan that will satisfy the interests of each party and also stay within the boundaries of what courts will think is fair.

3. This approach will strongly consider the emotional impact of the divorce on all concerned.

Unlike attorney representation, a mediator will examine how the couple's decisions about their divorce may emotionally impact them as individuals.  Divorce, whether from a short or long term marriage, is difficult.  It is one of the top stressors to deal with.  A good mediator will discuss how to deal with the new directions the parties lives will take and how to move on. 

4. The mediator will discuss all the issues that need to be addressed (per Massachusetts law):  Assets, Liabilities, Health Insurance, cash flow  among others..... 

A good mediator will help the parties discuss and understand the matters at issue and come to agreements on each with the goal that their overall divorce agreement works for each party. 

5. Replace court dates with discussions and meetings.

I don't know anyone who wants to spend the day or days in probate court. Why start down a path of litigating your divorce when the court's ultimate goal with short term marriages is to put each party back to where (financially speaking) they were before they married with few exceptions.  Using a mediation discussion approach is more civilized, efficient, cost effective and many time less stressful.   

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