Legal Question in Family Law in Massachusetts
separate or divorce?
i filed a divorce pro se. can a mediator or attorney now represent me and postpone/continue the divorce? i dont want to dismiss the divorce, but my husband and i have alot of financial decisions to make and they wont be done the july deadline.also i retained an attorney but then terminated the agreement to have him represent me-he has agreed to return the remaining retainer but is there any way to save the money of having him go to court to file his withdrawal? he told me this could cost several hundred dollars!. i'm just looking to conserve the $$resources that i have in order to pay for a mediator and new housing arrangements.
2 Answers from Attorneys
Re: separate or divorce?
Once the attorney has entered an appearance on your behalf, only the court can approve his withdrawal from the case even if both you and he agree on this. A mediator CANNOT represent either you or your husband - they act ONLY to be a mediator... a person who sees if the opposing parties can come to an agreement. While mediators are attorneys, experienced in the field, when they are acting as mediators, they are neutrals and do not side with either party or advocate for their interests.
Re: separate or divorce?
The best way to handle this is to choose your lawyer and have him work for you. Deadlines can be extended if possible. If you need a new lawyer, the entry of the new lawyer's appearance makes a motion to withdraw necessary.
I also mediate.
Please see my web page for sliding scale fees and other information.
Greg Lee
www.gregleelaw.com
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Asked 5/31/07, 10:47 am in United States Massachusetts Family Law, Divorce, Child Custody and Adoption