There are three options for couples divorcing in Connecticut:
Divorce mediation is a process in which a divorcing couple attempts to resolve their disputes with the assistance of a neutral third party. A divorce mediator is usually an attorney with significant family law experience as well as training in dispute resolution.
Many spouses retain separate attorneys to review the mediator’s recommendations and to answer questions about the process. However, spouses participate in mediation without the direct involvement of attorneys.
Collaborative divorce is a relatively new option in family law. It is really a middle of the road approach. Both spouses retain attorneys who directly participate in negotiation. However, the lawyers pledge to abide by certain guidelines designed to make this approach less adversarial than traditional litigation.
In essence, each spouse has an advocate but the process is outside of the court system.
But not every case is well suited for mediation or collaborative divorce. For example, both spouses must be transparent about their finances and agree to participate in a meaningful way for either to work. Therefore, if there is no cooperation then traditional divorce litigation may be the only alternative.
Divorce litigation really means that the parties are using the court to resolve disagreements. This approach is used in cases where temporary orders regarding custody and support are necessary. However, traditional litigation does not necessarily have to be combative or result in a full-blown trial. In fact, more than 95% of divorce cases reach settlement.
It used to be that litigation was the only option for a divorcing couple. Now spouses have alternatives depending on the circumstances of the family.