Connecticut Collaborative Divorce Attorney
Compassionate Collaborative Divorce Lawyers Serving Connecticut
When a couple decides to separate, they often resort to the traditional litigation process, where both parties hire a personal attorney, and the adversarial process begins. It is effortless for parties to see everything as a fight in litigation with only one winner, which makes the other party the loser. Losing or winning should never be the standard for a family lawsuit. We have another way for everyone who wishes to avoid the expensive and lengthy litigation process. With the help of a Connecticut collaborative divorce attorney, separating couples can work together to resolve issues without the court’s intervention.
How Does Collaborative Divorce Work, And Why Should You Consider It?
The primary goal of a collaborative divorce case is to help a family quickly transition into a different structure. It is especially critical when you have minor children from your marriage. The couple can still function to support one another and offer the comfort of a family but in a new setting. Even adult kids appreciate knowing they can have both parents for their major life events without feeling any tension that often follows a traditional divorce case.
A Connecticut collaborative divorce attorney will use a team approach to help resolve any issues without the intervention of a court. The team generally consists of the spouses and their trained collaborative divorce attorneys. A neutral specialist will be brought in to help you and your ex understand all your options and make decisions together based on their professional guidance.
A neutral financial expert will help you understand your financial picture, including debts, assets, cash flow, and projections for your future. The financial neutral will review budgets and itemize the needs of each spouse and the needs of the kids so each party understands the best way to allocate the family’s financial resources.
A divorce coach will help you with the emotional aspect of the process. They will help you and your ex think logically and become centered. They will help you put on your business hat, calm down, and make sound decisions for your future.
A professional child specialist can help both parents understand the importance of supporting the child’s relationship with the other parent. It includes creating a parenting plan that primarily focuses on the kids’ needs.
Role of A Professional Collaborative Divorce Attorney
A Connecticut divorce lawyer will help their clients understand their rights and responsibilities while also helping them develop options and solutions specific to their family’s unique needs.
At the start of the collaborative divorce process, you and your ex-spouse must agree to transparency and full disclosure. You must also agree not to go to court to resolve your differences. The final agreement (often referred to as the Judgement) is filed with the court and is fully enforceable as a court order.
Collaborative divorce works because it’s designed to allow both parties to come out of a divorce without tearing each other down in court. It works because it prioritizes the relationship of the parents with their kids. It works because a collaborative divorce helps you keep your divorce case private. The primary goal of a collaborative divorce case is to meet the individual needs of both parties and allow them to come out of their divorce without any bitterness or harsh feelings that often come from taking matters to court.
Want To Find Out More? Contact CT Mediation Center Today!
The CT Mediation Center team has years of knowledge and on-field experience helping couples separate through collaborative divorce. They can help you and your separating partner navigate the process of getting a divorce in a peaceful and private setting. If you have any questions, queries, or concerns about the collaborative divorce process, we suggest you call our experts for clarity.
Collaborative Divorce FAQ’s
What is the main difference between Collaborative Divorce and traditional mediation in Connecticut?
In divorce mediation, both spouses work with a neutral third-party mediator, who cannot represent either spouse and cannot give you legal advice. Each spouse may hire outside review counsel to review the final agreement, the financial affidavits, or any other legal documents before signing. However, you must seek review counsel on your own behalf, and the mediator will strongly recommend that both spouses look into this. You and your spouse may decide to take the mediation route if you can communicate amicably, your finances are straightforward, and you want a cost-effective approach.
In a collaborative divorce, each spouse has their own lawyer, a specifically trained collaborative attorney, who is present at all meetings. The collaborative process takes place outside of court. You and your spouse have the ability to build a team of professionals, including two attorneys, a mediator, a neutral financial expert, a mental health professional, and a parenting professional. You and your spouse may decide on the collaborative approach if there is a power imbalance, more complex assets (like a business), or if you want more protection to advocate for your side in the negotiations without having to go to Court.
If the Collaborative Process fails, are the attorneys and all documents disqualified from being used in litigation?
If the collaborative process breaks down, the attorney is disqualified from representing you, both legally and ethically. Both attorneys representing either spouse must withdraw immediately, and you will both have to hire entirely new counsel and start over in court. It is for your protection as the client, ensuring that the lawyer's interests are aligned with reaching a settlement.
If the process fails and your case has been restarted in court, any collaborative communications are generally inadmissible in court, including any “what if” scenarios offered during the meeting, notes taken by professionals in the meetings, or opinions generated.
Does Collaborative Divorce require both spouses to hire their own attorneys, and what is the cost structure?
Yes, the collaborative divorce process requires both spouses to hire their own attorneys. You and your spouse cannot share a lawyer, and you cannot participate in the collaborative process without a lawyer, as it would not otherwise be considered a collaborative case.
The regular cost structure for a collaborative divorce is higher than that of divorce mediation. However, it remains cost-effective compared to traditional litigation. The total average cost of a collaborative divorce can range from $15,000 to $35,000 for both spouses combined. This included the fees of two full-time attorneys and the team of professionals.
The billing breakdown for the collaborative process includes two retainer agreements; each spouse must sign with their own attorney. The Attorneys bill at their hourly rates for meetings, document preparation, and any time spent working on the case. Then, you and your spouse will share the cost of the team of professionals that you hire, ensuring that both spouses have access to equal funds to pay the professionals, and neither spouse will outspend the other spouse.
Will we still need to involve neutral professionals, such as a financial expert or child specialist, and what is their role?
In the collaborative process, you are not required to hire a full team of professionals. The team of professionals is recommended to streamline the process and reduce costs. Hiring a team of professionals can be very beneficial to both parties and can lead to more effective conversations and negotiations. When hiring a team of professionals, each person brings different strengths that work well together toward a common goal.
How is the mandatory financial disclosure process handled in the Collaborative setting without court involvement?
In the collaborative divorce process, financial disclosure is handled voluntarily and privately. However, both spouses are required to submit a Financial Affidavit with current figures, which will be filed with the court. The discovery or financial disclosure process is decided by both spouses. You and your spouse may agree not to participate in formal discovery; however, you can simply agree to provide necessary documents upon request. The mandatory disclosure and production request in the state of Connecticut requires each spouse to provide the other spouse with all financial documents for the past twenty-four (24) months (2 years).
How long does a typical Collaborative Divorce take to finalize in Connecticut compared to litigation?
The typical collaborative divorce process can take 4-9 months, whereas traditional litigation can take up to 1 year or longer. The pace of the collaborative process is set by both spouses and their team. The collaborative process is difficult to complete in a shorter period because you have at least 4 people’s schedules to coordinate. Then, add in the other professionals' schedules, so at a minimum, you have about 4-6 people involved, and it's challenging to get everyone in the same room.
Can the Collaborative process be used to handle high-conflict issues, particularly regarding child custody?
Yes, the collaborative divorce process can be used to handle high-conflict issues, such as child custody. In many cases, the collaborative process may be better suited to high-conflict custody cases than traditional litigation. The collaborative divorce process provides more support to spouses and their families. If you and your spouse decide to elect a parenting professional, you will receive individualized parenting feedback on how to structure parenting plans and the future of your parent-child relationships moving forward.
Is the Collaborative Divorce agreement legally binding, and how is it entered as a final court order?
The collaborative divorce agreement becomes legally binding at the end of the process once the separation agreement is signed by all parties and the necessary supporting documentation is filed with the court and granted by the judge. Once the judge grants the agreement, the agreement is made into a Dissolution Judgment, and you and your spouse may request a divorce decree from the court. The products of traditional litigation, divorce mediation, and collaborative divorce will all yield the same result; it is just a matter of how you arrive at that result and which approaches you and your spouse take to get there.
What are the total estimated costs for a Collaborative Divorce, including attorney fees and specialist fees?
In Connecticut, the collaborative divorce process can cost between $15,000 and $35,000 for both spouses combined. It is more expensive than divorce mediation but significantly less than traditional litigation with a contested trial.
What specific training or certification is required for a Connecticut attorney to practice Collaborative Law?
To be considered a collaboratively trained attorney, an attorney must hold a law degree and complete specific collaborative training. A collaborative-trained attorney must complete at least 12 to 15 hours of training, learning to negotiate what people actually need rather than a legal position. Most collaborative-trained attorneys are also trained mediators. The 40-hour mediation training offers attorneys instruction in facilitating communication, managing conflict, and remaining settlement-focused while guiding the parties through the process.
