LES WALLERSTEIN
Divorce Mediator & Counselor at Law
“Agree, agree, the law is costly.” Fables of Aesop
QUESTIONS
Do I need a lawyer during divorce mediation?
Every spouse in divorce is absolutely entitled to be represented by a lawyer at any time. On the other hand, no divorcing spouse can be compelled to retain counsel.Some divorce mediation clients are represented by counsel from start to finish. Some clients hire an attorney solely to review documents. Some never hire a lawyer. I advise all clients in divorce mediation to seriously consider retaining counsel, at least to review the separation agreement before signing it. As a lawyer and mediator, when I am jointly hired by a divorcing couple I act ONLY as their mediator. I never represent either divorce mediation client as an attorney. As a mediator, I do not appear in court with a couple at the hearing of their divorce. As an attorney I may be retained by one spouse in a non-adversarial, no-fault divorce. As counsel for a client in an uncontested divorce, I may have been retained to review a separation agreement, or as collaborative counsel - to negotiate an agreement with my client’s spouse and his or her attorney. When I am hired by one divorcing spouse I often accompany my client to court.
1620 Massachusetts Avenue l Lexington, MA 02420-3802 l Phone: (781) 862-1099 l wallerstein@socialaw.com
CAUTION: The law is constantly subject to change. While the legal information contained here is frequently checked for accuracy, please consult an attorney before relying on it. Furthermore, virtually all laws relating to families and domestic relations are state laws. Despite some similarities, there are significant differences between the laws of different states. The legal information contained in this web site is based only on Massachusetts law.