MEDIATED DIVORCE & LEGAL SEPARATION
This process requires both parties to meet with a mediator who does not represent either of them as legal counsel. The mediator works with the parties to facilitate an agreement outlining all terms of their divorce, then crafts a separation contract based upon that agreement. The mediator may also assist the parties in filing and obtaining the divorce. The process is informal and private. If the mediation goes well, the only day either party will see the inside of a courtroom is on the actual day of divorce or legal separation.
Mediation is the least expensive divorce option. It allows for peaceful and creative solutions to common divorce problems. When the parties participate in resolving their own issues, the agreement is less likely to be challenged after the divorce. Discovery is informal, with each party relying on the good faith of the other.
Mediation may not work with allegations of physical abuse. In matters involving hidden assets, a lack of trust in financial matters, or parties fighting for their rights, rather than their needs, mediation may not be the best process.
COLLABORATIVE DIVORCE
This process is very new in Connecticut and combines elements of both litigated and mediated divorce. While mediation clients can consult with an attorney as often as they like, some want, or need, more direct involvement from an attorney than is typical in mediation, but still want to avoid combative behavior. In collaborative divorce, each client maintains individual attorney representation. Interdisciplinary Collaborative Divorce involves neutral professionals (ie. mental health or child care workers, financial planners, etc.) when required. Clients and attorneys commit in writing to resolve all issues by agreement, without resorting to courtroom proceedings.This is accomplished with a series of "four-way" joint meetings at which both clients are present with individual counsel. For many, this is a worthwhile option, although the process can be more expensive and time consuming than mediation.
DIVORCE USING ONE ATTORNEY
It is a conflict of interest for one attorney to represent both sides of a divorce. In some cases the spouses have agreed on the terms of their divorce settlement. An attorney can represent one spouse, draft a separation agreement with the terms his client and his or her spouse have agreed upon, and have those terms reviewed and agreed upon by the other spouse with or without legal counsel.
This process can save considerable time and money but is not recommended for complex divorces or where there are substantial assets.
LITIGATED DIVORCE
This is the process that most people are familiar with, thanks to stories from the media, friends, or relatives who have suffered through a divorce. Each party hires an attorney, then digs in for a fight with their soon-to-be ex for the most they can get from their shared assets. Litigation involves costly use of the court system with its inherent pressures, delays, and formalized discovery. In litigated divorce, a Judge with limited knowledge of your situation just might make very important decisions that affect the rest of your life. This is very risky, and unnecessary.Although litigated divorce has its place, it is expensive and stressful. Creativity is limited and the client frequently loses the ability to self-direct the terms of the divorce. Litigation can be a useful process when issues are complex, where formal discovery is necessary, or when one spouse is substantially disadvantaged.
