Connecticut Dispute Resolution Attorneys for Divorce and Family Law Matters

Each dispute resolution approach has distinct advantages and risks. No one approach is superior to the others. The circumstances and facts surrounding the family law matter will dictate which approach will produce the most favorable outcome. In cases with acrimony and entrenched positions, litigation will likely be the only option. On the other hand, mediation may work if the parties are close on the issues but require a neutral third party to assist them in reaching an agreement. Mediation best serves clients when the term if the marriage is shorter (i.e. less than 10 years), there are clearly defined assets, when no children are involved, and when there is a high degree of trust and respect between the parties.

The cost of resolving a family law matter depends mainly on the disposition of the parties and the complexity of their issues/marital property. It is important to remember that any issues that cannot be resolved through mediation, arbitration, or negotiation must be litigated.

Cases with modest, well-defined martial assets, no children, and/or with shorter terms of marriage (e.g. less than 10 years) tend to be more streamlined.

Cases involving complex financial assets (e.g. family businesses, multiple properties, or exotic assets), child custody, marriages over 20 years, infidelity/affairs, mental illness (diagnosed and undiagnosed), substance abuse, and domestic violence (physical or coercive control) are inherently more involved.

Cooperative action, good behavior, mutual trust, and a commitment to rational decision making (as opposed to emotional  and anger-drive decision making) by you and your spouse have more impact on the cost-efficiency (or inefficiency) of your divorce than anything else.  Experienced divorce attorneys can customize a framework and process to efficiently resolve your disputes and reach a settlement, but cannot control or guarantee the  cooperation between the parties.

It only takes one bad, irrational party to complicate a divorce, delay and/or exponentially expand the process, and drive-up the costs.

Navigating cases with themes and behaviors including but not limited to  infidelity, sustained extra marital affairs, highly contested child custody, mental illness, substance abuse, and/or accusations of domestic violence (physical and non-physical)  is extremely complicated, often times less efficient, and generally more costly.

Both mediation and arbitration are confidential. The mediator and arbitrator are bound to keep what is discussed or presented during the sessions strictly confidential. Often mediation involves the discussion of facts and circumstances that will aid in the resolution of the issues. Those discussions are strictly confidential and cannot be used even if the mediation fails and the matter is litigated. Litigation is often conducted in open court and may become a public record. Still, if privacy is a concern, an experienced lawyer may persuade a judge to seal the record, making it difficult or impossible for prying eyes to discover the terms of the divorce decree.

Connecticut law has strict statutory requirements regarding the enforceability and validity of prenuptial agreements.

Pre-nuptial agreements can be challenged but will most likely need to be done through litigation. To challenge the validity of an agreement in court, an experienced family law attorney must present arguments and evidence concerning the purported agreement's circumstances. A judge will then decide to uphold or invalidate the prenup.

Engaging an experienced divorce and family law attorney is always advisable to ensure that your individual best interests are protected.  The terms of a divorce are profoundly important, often complicated, and can materially impact the rest of your life.   If there are substantial assets or potential tax implications in the case, an experienced lawyer is recommended, even if the parties are amicable. Unfortunately, many spouses begin the divorce process on good terms but ultimately descend into acrimony when disputes arise over the division of marital property and child support and custody issues. Things can become even more contentious if it is discovered that either spouse has moved on romantically. Retaining a lawyer should not be viewed as a hostile move but as necessary to promote and protect the individual best interests of that party.

Negotiations are an ongoing process. Even during litigation, the parties are still free to negotiate. One of the benefits of litigation over other dispute resolution methods is a comprehensive discovery process. Information may be gathered throughout the discovery process that will compel a party to return to the negotiating table. In mediation and arbitration, that may not be possible. But when discovery does not reveal facts or evidence that aid in negotiation, the issues will likely need to be litigated.

Mediation is a non-adversarial alternative dispute resolution method used in many civil cases, including divorce. Issues like child support, custody, and the division of marital property can all be resolved through divorce mediation. To take advantage of divorce mediation, both parties must first agree to participate, and then, choose a neutral, third party mediator.   A mediator's responsibility to help the parties reach an agreement.  Mediators cannot provide legal advise and they DO NOT represent the individual best interest of either party.  If mediation is successful and yields an agreement that complies with Connecticut's statutory requirements, the agreement is presented in family court to a judge for review, and (if approved by the judge), entered as a final order of the court.

Generally, the mediation process is much shorter than the other approaches. Still, if the issues are complex and involve several financial interests combined with various tax implications, a resolution may require multiple mediation sessions and a review of the agreement by an attorney and financial professionals. Each session usually takes two or three hours, and most cases require roughly three to four sessions. These sessions will be conducted over a few months, with more complex cases taking six months or more to complete.

Unfortunately, it is not uncommon in a contentious divorce for one spouse to hide assets or income from the other. In these instances, litigation may be the only option. As mentioned, litigation is the only form of dispute resolution that requires discovery. During discovery, tax and financial records can be subpoenaed along with witnesses who may know about a spouse's income or assets. In a matter being litigated, the judge has the power to compel a party to disclose information or face sanctions from the court. This can include fines, or the party can be held in contempt of court.

Regardless of which dispute resolution approach is undertaken, no law requires the parties to retain a lawyer.  Still, it is always recommended to (at the very least) engage an experienced family law attorney as your Review Counsel:  a)  to review your mediation agreement and ensure that you individual best interested have been protected; b) to ensure that the agreement meets the statutory requirements in Connecticut; and, c) make sure that you fully understand any and all risks that you have decided to assume . Since arbitration is similar to litigation, most people elect to have representation throughout that process. Legal representation is there to protect and advocate for the client's individual best interests, so a choice to forego that layer of protection can negatively affect the outcome if either side is not playing fair.