Out of Court Divorce Options in Connecticut
Is an out of court divorce process possible in Connecticut? Yes, and there are two options: the Divorce Mediation Process and Collaborative Divorce.
In Connecticut, an uncontested divorce or legal separation offers a low-cost option for couples. The process for obtaining a legal separation or divorce in Connecticut is generally the same, making both paths accessible.
There are four options available in Connecticut for obtaining a divorce or legal separation:
- Do-It-Yourself (DIY) – Uncontested or Contested Divorce;
- Divorce Mediation – Uncontested Divorce or Amicable Divorce; (Important to note that couples with no conflict, or low to high conflict, successfully complete an uncontested divorce)
- Collaborative Divorce – Structured out of court process, led by experienced attorneys, and
- Traditional Divorce or Litigation – A court-based process.
This article focuses on Divorce Mediation and Collaborative Divorce, the two out of court and low-cost options for Divorce in Connecticut.
- Divorce Mediation. The least expensive option for an out of court divorce or legal separation in Connecticut.
Benefits of the Divorce Mediation process in Connecticut are:
- Divorce mediation is one of the most cost-effective ways to get a divorce or legal separation in Connecticut, aside from the do-it-yourself approach.
- When spouses choose to participate in mediation, there are no trips to the court.
- A divorce mediator, who is also a licensed divorce attorney, addresses every aspect of divorce and the legal separation process.
- A divorce mediator works with both spouses from the initial filing of legal documents through the final signing and completion of the divorce.
- During mediation, a divorce mediator assists both spouses in preparing financial affidavits and other legal documents, ultimately helping them draft a separation agreement that addresses financial matters (including retirement assets and real estate), child custody, spousal support, and the division of all assets post-divorce.
- Both spouses in divorce mediation have the ability to establish the timeline, outcome, costs, and key decisions throughout the whole process.
- Both spouses remain fully in control of the entire divorce and legal separation process.
- Divorce mediation offers flexibility for families, and the entire process can be done remotely if needed.
- All negotiations are private, conducted either in the mediator’s office or virtually.
- Both spouses have sufficient time to reach mutual, practical, and workable agreements.
- Divorce mediation and the collaborative divorce process are the only two options for families seeking to avoid court intervention.
- If conflicts arise during the mediation process, or if spouses struggle to reach decisions during the process, each spouse has the option to hire independent review counsel for legal advice and support.
Detriments of the Divorce Mediation process in Connecticut are:
- A divorce mediator provides legal and financial information to both spouses but does not offer personal, independent legal advice to either spouse. Spouses may hire independent review counsel as needed for individual guidance and advice.
- If conflict arises between the mediator and a spouse, the mediator must step away from the entire process and cannot continue to serve as the mediator for either party, which may cause a delay in the process.
- The mediator must remain neutral at all times. If neutrality is compromised in any way, the mediator must withdraw from the process. Similarly, spouses have the option to step away from the process, which may also result in delays.
- Non-attorneys can serve as divorce mediators. However, using a non-attorney mediator often increases overall costs, as spouses may need to hire separate lawyers to finalize the process.
- Divorce mediation conducted by non-attorneys can be time-consuming because judges may reject the agreements, leading to delays and increased potential for court appearances.
- Further, non-attorney mediators lack the necessary legal training to interpret Connecticut Family Court decisions, relevant case law and state statutes, which are essential for providing accurate legal and financial guidance when navigating divorce or legal separation.
- Mediation may be unsuccessful in cases involving financial, emotional, or physical abuse.
- Our firm does not handle any mediation cases that involve physical abuse or violence. Mediation cannot proceed effectively when any restraining order is in place.
2. Collaborative Divorce. Another cost-effective option for an out-of-court divorce or legal separation in Connecticut.
Benefits of the Collaborative Divorce process in Connecticut are:
- Similar to the divorce mediation process, collaborative divorce allows spouses to remain fully in control of the entire divorce and legal separation process.
- The collaborative divorce process allows spouses to customize their joint agreements and lead the whole collaborative process by establishing the timeline, outcome, costs, and decisions.
- In the collaborative process, each spouse has their own attorney who advocates for their best interests throughout the whole process.
- Spouses create a strong team to help navigate and guide them through the divorce process. A collaborative divorce team includes a trained divorce attorney, a Certified Divorce Financial Analyst (CDFA) who is a financial expert in divorce assets, and a neutral, mental health professional or child specialist to manage emotions through the process or help to create a parenting plan.
- Each team member is specifically trained to handle the collaborative process.
- The child specialist can help to create a parenting plan which is important for child specific concerns and always looks out for the best interest of the child.
- When spouses choose to participate in collaborative divorce, there are no trips to the court.
- Collaborative covers the entire legal process, from the initial filing to completion and the division of assets, without stepping into court.
- Similar to divorce mediation, spouses have a vested interest in the collaborative process and are more likely to stay engaged in the process rather than resort to litigation.
- All negotiations are conducted privately in the collaborative attorney’s offices.
- Ample time is provided for spouses to reach mutual, practical, and workable agreements.
Detriments of the Collaborative Divorce process in Connecticut are:
- Collaborative divorce can be more expensive than divorce mediation because it involves multiple trained professionals.
- The process of a collaborative divorce may take longer than divorce mediation due to the involvement of multiple professionals. However, their expertise is integral to guiding spouses through complex decisions and ensuring thoughtful agreements.
- Further, the collaborative process can be time consuming, as it involves multiple professionals who must coordinate their schedules to hold meetings and reach mutually agreeable decisions.
- Since there are multiple trained professionals involved in the process, it may become costly to the spouses if the process fails.
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 the Center at (860) 986-1141. Atty. Salvari Green can be reached at info@ctmediationcenter.com.
