If you are considering divorce, you may be thinking only of the final outcome: the end of your marriage and then the beginning of a new life. But as with any goal, there are many paths to reach it.
Connecticut offers no-fault divorce and most cases are settled without going to trial. These cases conclude with an "uncontested hearing" before a judge, and the husband and wife ("the parties") receive a Judgment of Divorce.
There are three main paths by which spouses proceed to the uncontested hearing:
Litigation – In litigation, the parties usually are represented by attorneys who prepare papers, conduct court hearings, negotiate and take a leadership role throughout the process. The parties are more likely to communicate through their lawyers, and it is understood that if a settlement cannot be reached, there will be a trial. This path can be costly and lengthy, but it is also advisable when the parties cannot work together or one party needs the protection of a strong advocate.
Mediation – In mediation, the parties work together with a neutral professional, often an attorney, who does not favor either party. The mediator works to help the parties learn each other's needs and interests and then the parties create a way to meet those needs. If the parties can work together, they can take charge of the process and reach a satisfying outcome with less stress and cost than through litigation. The parties can always hire a separate attorney to review their agreement before taking the agreement to the court.
Collaboration – When parties choose the collaborative path, they retain their own attorneys, but the attorneys and clients agree in advance not to pursue litigation. If litigation becomes necessary new attorneys must be hired. In collaboration, the parties and their attorneys work together to learn and meet the needs and interests of the clients. This method tends to reduce the emotional stress, costs and time delays associated with litigation.
As you can see, one size doesn't fit all. We recommend that you consult an experienced attorney who is knowledgeable about litigation, mediation and collaboration. That way, you can make an informed decision.
