Connecticut Low Cost Divorce Attorney

Is a Low-Cost Divorce Process Possible in Connecticut?

Yes, and there are two options: Do-It-Yourself (DIY) Process or the Divorce Mediation Process

In the State of Connecticut, an uncontested divorce or legal separation is a low-cost option available for couples who are looking for divorce or legal separation. For clarification, the process for obtaining a Legal Separation or Divorce in Connecticut is generally the same.   

The four options available in Connecticut for a divorce or legal separation are: 

  1. Do-It-Yourself (DIY) Process – Uncontested or Contested Divorce;
  2. Divorce Mediation Process – Uncontested Divorce or Amicable Divorce; (Important to mention that couples with no conflict, or low to high conflict, successfully complete an uncontested divorce)
  3. Collaborative Divorce Process, and lastly
  4. The traditional Divorce or Litigation Process.

This article addresses the low-cost options for Divorce in Connecticut, namely, Do It Yourself (DIY) Process and the Divorce Mediation Process. In the state of Connecticut, the least expensive or low-cost divorce option in terms of process for families who wish to separate, or divorce is an uncontested divorce. 

An uncontested divorce can be achieved in two ways: 

  1. Do It Yourself process. Or Pro-se representation.  A family can file for divorce by going to the Court in their jurisdiction and attending various court-appointed dates. The couple should go together to the Court in their jurisdiction and complete all the necessary legal documents for a divorce, utilizing the services of a family clerk. There is a filing fee of $ 360, and for certain families, they can petition the Court for a waiver of fees. And families with children will also have to attend a parenting education class. The family may be entitled to a waiver of the parenting education fee if they meet specific criteria and the Court approves it. Fortunately, in Connecticut, the family clerk will guide the couple through completing all the necessary forms at the lowest possible cost, which really includes only the required court fees.  “Pro se” in Latin means to represent oneself  “for oneself” or “on one’s own behalf”. Also known as a self-represented litigant in a divorce or in propria persona. 

The Connecticut judicial website provides information and instructions on how to achieve this: https://www.jud.ct.gov/family/pathwaysprocess.htm.

The Benefits of the do-it-yourself low-cost divorce process are:

  • Low-cost or no-cost divorce in Connecticut.   If you are entitled to fee waivers, the Judge can waive the fees, allowing you to qualify for a no-cost divorce.   If the fees are not waived, the cost will be limited to the filing fee of $360, the parenting education cost, and sometimes, parking fees.  
  • Maintain peace and cordiality.   If you can communicate constructively during the process, you are likely to continue having a cordial and friendly relationship with your ex-spouse.  This is important, especially if you have children. The children will continue to benefit from two parents who can communicate constructively. 
  • Complete control of the outcomes – If you both agree.  Suppose there is a complete agreement on all the issues, and you can proceed together to the Court. In that case, you have full control over the outcomes, and the dates and times (for the most part) are under your control. 
  • Limited services provided by Family Clerk. If the couple has high conflict and cannot reach an agreement, the Family Clerk Services will provide limited services to help the couple reach an agreement. In the end if an agreement is not reached, the Judge will make a decision and finalize the divorce. 

The Detriments of the do-it-yourself low-cost divorce process in Connecticut are:

  • Numerous trips to the Court and time expended to finalize the process.
  • Delays, numerous in fact.  The lack of familiarity with the legal system in the divorce court and most importantly in the requirements needed to finalize a dissolution, results in procedural mistakes, delays and often irreparable errors. 
  • Negotiations and conversations are not private and can be overheard by others.
  • The necessary documents and financial affidavits are challenging to complete and can be cumbersome.
  • Numerous issues are not discussed or addressed. The Clerks and the Courts do not cover all aspects of the divorce process that are necessary for the financial separation of assets and mortgages, or for addressing debt post-divorce, or for child-related expenses and issues that need to be addressed. 
  • If mistakes are made, the documents need to be revised or resubmitted to the Court, and often, additional time is spent revisiting the Court. 
  • If the family has children, joint mortgages or retirement benefits that need to be divided, or other joint financial obligations, numerous errors, mistakes, or omissions often occur. 
  • The financial cost of repairing or correcting the errors can be substantial, or worse, the errors may not be able to be corrected or modified after the divorce is final, and the spouse will have to live with the consequences. 
  • If agreements are not reached, the parties will have to hire attorneys to restart the process or proceed to a judicial trial.
  • The Judge does not approve the agreements because they do not address essential legal issues required in a Connecticut Divorce.

   2. Divorce Mediation Process. The second, less expensive option for a low-cost divorce or legal separation in Connecticut is Divorce Mediation.  

The Benefits of the Divorce Mediation process in Connecticut are:

  • With Joint agreements, spouses remain in control of the entire divorce and separation process, timelines, outcomes, decisions, and costs. 
  • A divorce mediator who is also a divorce attorney covers all aspects of the divorce and separation process, including any financial issues related to retirement benefits or real estate matters that may arise. 
  • Aside from the DIY process, Mediation is the least expensive way to divorce. 
  • No trips to the Court. Divorce Mediation, performed by an experienced attorney mediator, covers all aspects of the process, from the initial filing to completion and the separation of assets post-divorce, without requiring a court appearance.  Divorce Mediation and Collaborative Divorce are the only two options for families who do not want to go to Court. 
  • Divorce Mediation can be done entirely remotely. The divorce mediation process offers the most flexibility for the family, and the entire process can be conducted virtually or remotely. 
  • All negotiations are conducted privately and take place in the mediator’s office or virtually. 
  • Ample time allotted to reach mutual and workable agreements.
  • If the family experiences conflict, spouses who struggle to reach decisions can be supported throughout the process by the option to hire outside, independent review attorneys on an as-needed basis.  

The Detriments of Divorce Mediation or a low-cost divorce process in Connecticut are:

  • Mediation may not work if financial, emotional, or physical abuse exists.
  • Spouses do not receive individual/independent legal representation from the mediator because the divorce mediator remains neutral.   
  • The Spouses may wish to hire independent review attorneys on an as-needed basis for individual guidance and advice.  The divorce mediator provides legal and financial information, as well as best-case and worst-case scenarios, but will not offer personal, independent legal advice. 
  • Suppose the divorce mediation process is completed by a non-attorney. In that case, the total cost of the process can be high, primarily because the family will need to hire separate lawyers to complete it.  
  • Mediations conducted by non-attorneys are often time-consuming, and judges will not approve the agreements, resulting in delays and repeated trips to the Courts. Attorney mediators who engage in completing legal documents, calculating support, or preparing Financial Affidavits, writing memoranda of understanding or agreements, are often engaging in the practice of law without a license.   Divorce mediators who are non-attorneys do not have the benefit of reading and studying hundreds of decisions reached by the Connecticut Family Courts, and understanding the complex case law and statutes of Connecticut Family Law needed to discuss and provide correct legal and financial information, and the proper context and framework necessary for families who divorce or separate.  

Angela I. Salvari Green is a divorce and family mediator, Connecticut Collaborative Divorce Attorney, and Founder of CT Mediation Center with offices throughout the state of Connecticut. The CT Mediation Center was established in 2005, at a time when Mediation was not yet well-established. CT Mediation Center primarily services families seeking a private, out-of-court process devoid of litigation. To learn more or schedule your free consultation, contact CT Mediation Center at (860) 986-1141.  Atty. Salvari Green can be reached at info@ctmediationcenter.com.