Connecticut Collaborative Divorce Lawyer
Divorce is an unfortunate necessity for many couples. While this process has earned a reputation for being difficult, many find that a collaborative divorce reduces the potential for conflict and simplifies the dissolution of marriage.
With the help of a committed divorce attorney, you can determine if this method of separation is right for you. A Connecticut collaborative divorce lawyer can advise you of your options and help you through the process to reach a favorable outcome.
Conventional vs. Collaborative Divorce
There are important differences between conventional and collaborative divorces. A collaborative divorce may not be for every couple, but it often provides significant benefits for those who choose that method. A knowledgeable attorney in Connecticut can outline these benefits to parties considering a collaborative divorce.
Conventional divorces rely on the court system to resolve complicated issues and make the final decisions involving the couple’s children and property. Litigation is common in these cases, with drawn-out and costly legal proceedings adding weeks or even months to the process. Additionally, as time drags on, the cost of litigating a divorce could eat into the savings both parties are ultimately fighting for.
A collaborative divorce avoids many of those issues. During the process, the parties work out the primary issues of their separation outside of the courtroom, as the decisions are often made before a divorce petition is even filed with the court. While it is not necessary to work out every detail upfront, this process avoids much of the conflict that typically occurs in a courtroom setting.
Why Collaborative Divorce Works
It is not uncommon for traditional divorces to eventually conclude through some form of a negotiated settlement, but this can result in long-term challenges. When contested divorces settle, the agreement is often struck at the last minute. These deals can result in one or both individuals regretting the terms of the agreement.
In a collaborative divorce, the parties typically reach an understanding of the matters that are most important to them early on in the process with the help and insight of a dedicated Connecticut attorney.
Resolving Marriage Dissolution Disputes in Connecticut
There are times when individuals enter into the collaborative divorce process only to learn that there are some sticking points that cannot be resolved alone. While experienced local lawyers are often able to iron these issues out, a full and complete settlement agreement is not always possible.
In these circumstances, collaborative divorces could fall apart and require the parties to litigate the issues through a traditional divorce process. However, there are other options in cases where both parties agree that only a handful of issues remain undecided. In these cases, a “private judge” selected by the parties can serve as an arbitrator for the specific issues.
Contact a Connecticut Collaborative Divorce Attorney Today
For many couples preparing for the dissolution of their marriage, collaborative divorce could offer a number of benefits. The process is often faster, less expensive, and more private.
If you are considering dissolving your marriage, goal-oriented attorneys at our firm can assist you. Reach out to a Connecticut collaborative divorce lawyer to discuss your options today.
Frequently Asked Questions
While there is no standard advice on how to emotionally prepare for a divorce, there are certain practical steps a person can take to prepare themselves to get through the divorce process. First, educate yourself on the court process and, considering the complexity of your case, decide whether you want to navigate the process alone or hire an attorney. If you are unsure which way to go, contact a law firm that focuses on family law, and request a consultation. Second, each party will need to account for their finances. Make a list of assets/account balances, and think through any current or anticipated liabilities and expenses. Neither party should make any unordinary financial expenditures, asset purchases, or transfers if divorce is imminent. Finally, think about what your priorities and goals are with regard to how you would like to see the marriage resolved.
While there is no guaranteed time frame for a divorce, generally parties can anticipate that the process in Connecticut will take anywhere from three months to one year. Once the divorce is filed, there is a 90-day waiting period which takes effect before the parties are expected to appear in court for what is known as the “case management date.” The length of the divorce process will depend on the parties’ ability and desire to cooperate, and the complexities of the underlying issues. If the parties agree on the terms of the divorce and have the necessary paperwork ready, they can schedule a date to appear in court any time after the 90-day waiting period to finalize the divorce. If the parties are in agreement on all issues and anxious to finalize the divorce immediately, they can ask the court to waive the 90-day waiting period and get an expedited court date.
Connecticut is known as a “no-fault” state, meaning either party can seek a divorce by merely stating that the marriage has “broken down irretrievably”, without having to prove either party was at fault. While a judge can consider facts surrounding the breakdown of the marriage in deciding how assets should be divided, whether there should be alimony, etc., typically the underlying respective fault of the parties is not given significant weight.
The same applies where the underlying cause of the breakdown is spousal infidelity. In such a case, if the parties are unable to settle their divorce in advance of the trial, a judge will hear evidence regarding claims of spousal infidelity, and depending on the nature of the case, the parties’ respective assets, and the egregiousness of the conduct, a judge may adjust aspects of the divorce judgment to account for considerations of fairness.
Alimony, also known as spousal support, is an allowance paid by one spouse to the other after the couple has divorced or legally separated. Alimony is designed to recognize the recipient spouse’s contribution to the marriage and is based on the premise that one spouse may have a continuing duty to financially support his or her former partner even after the marriage has ended. Alimony may be available to both male and female spouses depending on the situation.
Connecticut courts consider a number of different factors when determining whether to order alimony, and if so, the appropriate amount. Length of the marriage, the reason(s) for the divorce, and the health of each spouse are all taken into account when deciding questions related to alimony. Each spouse’s occupation, annual income, vocational skills and earning potential are also factors courts look to when awarding alimony.
Hiring an attorney to represent you during a divorce is advisable but not necessary. If you decide to retain a lawyer, he or she will usually take care of preparing the initial court documents and ensuring they are properly served. Your qualified divorce attorney will also provide you with sound legal advice. Important decisions regarding children, money, property and health insurance are usually decided by a judge during the divorce process, and such decisions are not easily changed. With so much at stake, it is generally advisable to have a competent family lawyer who is looking out for your best interests.
For those who wish to represent themselves in their divorce case, the Connecticut Judicial Website www.jud.ct.gov provides detailed instructions on how to initiate divorce proceedings without an attorney.
The divorce process is started when a spouse or their attorney fills out a summons and a divorce complaint and has a state marshal serve these forms on the opposing spouse. Once the forms have been served on the opposing spouse, the party initiating the divorce must file these documents in the proper courthouse along with a document from the marshal certifying that the divorce forms were correctly served. The initial divorce forms must be filed in a courthouse within the judicial district where either one of the spouses resides. The courthouse where the case is filed will generally remain the courthouse where the divorce case is litigated, though there are certain exceptions to this rule.
