At Freed Marcroft, we determine the most advantageous process for every divorce. Our sophisticated solutions are tailored to your situation. We understand that choosing between Connecticut divorce mediation, collaborative divorce, or divorce litigation is challenging and emotional. Our award-winning services are designed to protect you emotionally and financially. Freed Marcroft will strive to create caring and compassionate outcomes that consider your present and future.
CHOOSING A PROCESS FOR YOUR DIVORCE: MEDIATION, COLLABORATION, OR LITIGATION?
During the initial stages, you will select a method to work through the process of your Connecticut divorce. We understand that this can be a bit overwhelming. Freed Marcroft can help you find the best approach to your unique circumstances. Our services are personalized to you. Conditional on the situation, there are three common ways to approach a Connecticut divorce. It will vary what works best for every client. Below are the basic differences between mediation, collaboration, and litigation. For more information, check out our video “How To Choose Your Approach.”
Mediation is a voluntary process in which a neutral third party, the mediator, facilitates a conversation between you and your spouse. That mediated conversation aims to help you arrive at a divorce settlement that works for both parties. The mediator is not a judge and will not impose a resolution on you. What the mediator will do is use her expertise in conflict resolution to help you have conversations in a more effective way than you have in the past. She will also use her experience in divorce settlements and divorce law to give you legal information and help you brainstorm an appropriate resolution to your conflict. Mediators can provide legal information but not legal advice. We encourage both parties to engage independent review counsel to consult with you before finalizing your agreement. Mediation is used in divorce and other family conflicts like custody cases.
COLLABORATIVE DIVORCE LAW
Collaboration offers a middle ground between mediation and full adversarial litigation. Collaborative practice, like meditation, is a voluntary process. The primary difference between mediation and collaborative divorce is that you are never “on your own.” Each spouse is fully represented throughout the negotiation by their own collaborative attorney. Unlike in a litigated divorce, the parties and their individual attorneys sign an agreement and commit themselves to resolve all issues of the divorce by negotiated agreement without resorting or threatening to resort to costly court proceedings. In addition to attorneys, a collaborative case often includes professionals from other disciplines on the team. For example, divorce coaches and financial experts are common collaborative team members.
A litigated divorce is when the parties and their attorneys submit their case to a court and follow the court’s prescribed, formal steps to prepare for a trial. While the parties (usually through their attorneys) prepare their cases against each other, they also attempt (usually through their attorneys) to conduct settlement negotiations. Where the parties cannot settle their case, a neutral third party, the judge, will impose a decision that may not work for both. Litigation is not a voluntary process, ultimately. Instead, the court determines its structure, length, and ultimate result.
Read: How to File for Divorce
Decisions you make during a divorce will affect you and your family for years. Freed Marcroft’s attorneys can guide you step by step through the issues that must be addressed, in divorce-including property division, child custody, visitation, child support, and spousal support. In addition, we can carefully and compassionately explain the divorce process in Connecticut and help you select the approach that best meets your needs.
For more information on which approach may best fit you, check out our video “How to Choose Your Approach.”
Or, you can read additional articles and blog posts on choosing a divorce process below:
- Telling the Children About Divorce, and How Collaboration and Mediation May Help
- Finding Happiness After Divorce
- Don’t Add Fuel to the Fire: Five Tips for Smoother Communication During Divorce
- How is Divorce Mediation Different from Traditional Divorce Litigation?
The attorneys at Freed Marcroft guide select clients through the legal aspects of divorce while remaining mindful of their overall wellness. To discuss our helping with your situation, contact us here or by phone.