There are really three divorce options in Connecticut:
1. Mediation is a process in which a divorcing couple attempts to resolve their disputes with the assistance of a neutral third party. A mediator is usually an attorney with significant family law experience who has 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.
2. Collaborative divorce is a relatively new option. It is really a middle of the road approach. Both spouses retain attorneys who participate directly 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 litigation may be the only alternative.
3. Litigation really means that the parties are using the court to resolve disagreements. This approach is used to obtain temporary orders regarding custody and support.
This may seem obvious but even if you do mediation or the collaborative approach you still must go to Court for at least one appearance. Only a judge can approve the terms of a Separation Agreement and grant a divorce.
It used to be that drawn out and expensive litigation was the only option for a divorcing couple in Connecticut. Now there are alternatives.
Please contact me to discuss your divorce options in Connecticut.