Connecticut Mediation Lawyer
Many people assume divorce is a stressful, contentious process. Though it certainly can be, working with a Connecticut mediation lawyer can ease some of the tension associated with marital dissolution.
A compassionate divorce attorney can work with you and your spouse as you attempt to resolve various marital issues such as property division and child custody. Get in touch today to learn more about this process.
What is Divorce Mediation?
Mediation is the process of working with a facilitator to assist both spouses in a divorce matter. Rather than spending a lot of time in aggressive litigation, parties can calmly discuss their issues in a private, neutral environment. By working with a qualified mediation attorney, spouses can be sure that each party’s rights will be respected, and the final agreement will meet all legal requirements.
What Issues Can Spouses Resolve Through Mediation?
Marriage is a contract that gives both spouses legal rights to property and shared children during the marriage. When a relationship ends in divorce, each party’s legal rights and responsibilities change. The parties must resolve the following to finalize a divorce:
Though spouses can attempt to resolve these issues on their own, it is inadvisable to do so without an experienced divorce mediator. A post-divorce mediation lawyer in Connecticut can ensure the parties address all issues needed for a judge to approve their divorce and ensure no matters are left unresolved, which can otherwise lead to complications.
The Benefits of Choosing Mediation in a Connecticut Divorce Matter
Mediation is a dispute resolution tool used in many different legal fields, but it is particularly beneficial to couples seeking to end their marriages peacefully. This process allows parties to discuss personal issues in a private environment. Moreover, mediation often leads to much quicker resolutions than cases exclusively handled through litigation.
Choosing to work with a divorce mediation attorney in Connecticut is also beneficial for families with children. Children can be negatively affected by the stress of a highly-contested divorce case. As such, many spouses choose to handle their issues outside of court, minimizing the need for intrusive custody evaluations conducted by third parties. Mediation allows spouses to see the bigger picture and place their children’s best interests before their feelings towards the other party.
Partial Resolutions Are Still Valuable
Although mediation is successful for many divorcing spouses, it does not work in every situation. The process is entirely voluntary and both spouses must be willing to compromise. In the event that it is unsuccessful, the parties will need to utilize the court process to complete their divorce, and likely seek the services of individual local attorneys.
Even where mediation does not fully resolve all matters that arise during a divorce, the process is still valuable. Resolving even one dispute can lead to a favorable outcome for both parties.
How a Connecticut Attorney Mediator Can Help You
If you have plans to end your marriage, litigation is not your only option. Meditation enables you and your spouse to work to resolve your marital issues outside of court. A Connecticut mediation lawyer can act as a facilitator to help you and your spouse reach the final settlement terms that work for your family. Mediation can be used to resolve paternity, custody, parenting, and financial issues between unmarried individuals, and it can also be used to help individuals resolve post-judgment disputes. Trained attorney Mediators can also act as consulting counsel to give individual advise if you are involved in the mediation process. Contact Dolan Divorce Lawyers today to speak with a legal professional about your case.
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.
