There are four ways a couple can proceed in the divorce process in Connecticut.
- The “traditional divorce” process and what most people think of when they think of divorce, is litigating the matter through the court system. A litigated divorce involves commencing an action with the court, attending various court appearances, and if the parties cannot reach a resolution by a deadline set by the court, the parties will have to go to trial and leave decisions related to their children and finances to a judge. In addition to a trial, litigation often involves motion practice and hearings while the case is pending. A litigated case proceeds on the court’s timeline and can take decision-making out of the couple’s hands. Court hearings and trials are conducted in open court and thus, public. Litigation is also often a costly and lengthy process.
- Another process is arbitration. With arbitration, the parties engage a private judge (arbitrator) to serve the same role as a judge in court. The arbitrator will hear evidence and testimony similar to a trial and make a final, binding decision regarding the outcome of the parties’ divorce.Just like with litigation, arbitrated decisions are taken out of the parties’ hands. Arbitration can be done on an expedited timeline compared to litigation, and is conducted in private. However, arbitration comes with the added expense of paying for the arbitrator’s time.
- Mediation is another option for divorcing couples. Mediation involves hiring a mediator to facilitate a resolution of the divorce. In true mediation, the mediator’s role is solely to assist the couple (whether represented by counsel or acting “pro se”, or self-representing) to come to a resolution. However, some, but not all, mediators will make recommendations, opine as to what a judge may order at trial, or pressure the parties into a resolution.
- Collaborative Divorce is an entirely out of court process. The three tenets of Collaborative Divorce are as follows:
– The parties agree that they will never go to court and all agreements will be reached outside of court in a non-adversarial way. At the commencement of the process, the parties enter into an agreement that, in the event the process breaks down and one or both of the parties elect to go to court, all professionals engaged as part of the collaborative process will be fired and cannot represent either party in litigation.
– There will be full transparency and open and honest disclosure of all relevant and important facts so the parties will not be negotiating in the dark.
– The collaborative process focuses on interests instead of positions. During the collaborative divorce process, the focus remains on what is best for you, your spouse, and your child(ren). In every decision that is made, in every option that is explored, we will always ask whether it meets everyone’s needs as much as possible.
Making the decision to end a marriage is never simple or straightforward, however among the options available in Connecticut one will be the best fit for you and your family. Contact us today to learn how we can help.
Related practices: Divorce & Family
