Collaborative Divorce Practice in Connecticut

Angela I. Green, Esq, Collaborative Divorce Attorney, member of the International Academy of Collaborative Practice and Connecticut's Collaborative Divorce Professionals Group.

International Academy of Collaborative Practice Member:

https://www.collaborativepractice.com/_loc.asp?PID=808329858&T=Profile

 

Collaborative Law is a new form of dispute resolution that, although not widely practiced, is gaining a foothold in Connecticut. Both spouses are represented by lawyers in the traditional attorney-client relationship. However, the parties and respective lawyers unconditionally promise not to go to court or litigate. With this non-combative approach, both clients and counsel are compelled to seek a negotiated agreement. Collaborative divorce fosters a safe and respectful environment, enabling effective client-client and client-attorney communication and providing clients with the confidence to settle their disputes without resorting to litigation. 

There are many benefits to collaborative divorce.

• You and your spouse are able to work together on an agreement, thus there is a greater chance that both parties will voluntarily follow through.
• This approach will keep the divorce process civil, cooperative, and less taxing on your emotions.  
• It can speed up the divorce process, since you are not at the mercy of the court's schedule.
• Collaborative divorce can be less costly than the litigated divorce in Connecticut because you have control of the time you spend with your spouse over the process.   
• The collaborative divorce process can then also assist the clients in fully identifying and fulfilling the needs of their children. Thus, collaborative divorce allows not only for clients’ development of effective communication skills, but also the skills to successfully meet life’s challenges as a single person and a single parent.
• Collaborative Divorce strengthens family relationships, helping divorces end with mutual client satisfaction.
• Most importantly, collaborative divorce enables clients to create results that they would not normally be able to obtain in the traditional court setting.  You retain control of the outcome by saving time, emotions, finances and relationships with your children.

Financial Aspects

Collaborative divorce in Connecticut uses informal methods of financial disclosure such as voluntary production of financial documents, four-way conferences, negotiation, and where needed, outside professionals including accountants, financial planners and family counselors. True collaborative practice requires commitment to the "no court" aspect of the process. The parties agree to full disclosure of income, marital property and all facts which materially affect the divorce. Attorneys know when the financial picture is not clear or complete. Centered on these commitments between two parties and their attorneys, collaborative divorce insures that neither party will supersede a decision using the court system or by concealment of material facts. Instead, it enables both parties to equally voice their needs and expectations until they reach a mutually suitable agreement.

The Team Approach

Collaborative law creates a team atmosphere compared to the adversarial atmosphere of the courtroom. Unlike mediation and arbitration, Collaborative Law in Connecticut provides the client with trained legal advocates, without the court costs. A Connecticut divorce handled in court is likely to be much more expensive and time consuming than the costs and time involved in collaborative law. Financial Neutrals or an accountant specializing in divorce issues can be part of the team to provide expert advice on different options for both parties. A child specialist or mental health advisor can also be part of the team in offering suggestions and guidance to the divorcing parents on how to deal effectively and constructively with difficult parenting issues.

Divorce Mediation v. Collaborative Divorce v. Litigation

COLLABORATIVE DIVORCE VIDEO:

In divorce mediation, the parties meet with a neutral mediator or a co-mediation team. In mediation the parties advocate or negotiate for themselves while using the services of consulting attorneys outside the mediation sessions. The neutral mediator cannot give any party advice or assist either of the parties in advocating their position. The divorce mediator can offer their opinion on the law in general and not in relation to your specific circumstance.   In mediation, both parties are requested or encouraged to meet with individual attorneys to counsel them on the law and at the end of a mediated agreement to review the full agreement on your behalf.

Collaborative divorce is the middle ground between mediation and full adversarial litigation. In the collaborative setting in Connecticut, each spouse is fully represented by a divorce attorney protecting your interests through the entire divorce process. Collaborative attorneys can also prepare all necessary paperwork for clients and, if requested, can attend the required court hearing where the divorce agreement is presented to the court for approval.

Divorce Litigation is just that. Litigation. Not all divorce cases can be mediated or settled collaboratively.  In cases involving physical abuse and complete domination by one party over the other, litigation may be warranted.  If you hire a divorce lawyer keep in mind that lawyers are trained to follow certain procedures, rules, and protocols when representing you.  If you hire an attorney to handle your divorce case before attempting to mediate or collaborate, your attorney will follow the procedures and rules that apply to your specific case or situation.  That attorney may consider it malpractice not to use every possible legal maneuver in your behalf.  Even if you find a lawyer who will consider avoiding the unnecessary and costly legal arsenal at their disposal, there is no guarantee that your spouse’s lawyer will do the same.  Once YOUR case is filed, it can easily take on a life of its own.  Instead of easy-to-handle steps and a controlled process towards an uncontested divorce, you have multiple steps, trips to the court, adding to the expense and hostility typically generated in a contested case.

Collaborative Divorce Practice in Connecticut