Understanding Collaborative Divorce in Connecticut
There are three ways to get divorced in Connecticut: litigation, mediation, and collaborative divorce. This blog will answer three of the most common questions clients ask us about the one that tends to be least familiar to people – collaborative divorce.
I’ve Heard of Collaborative Divorce, But What Exactly Is It?
Collaborative divorces happen outside of court in a private setting. The lawyers in collaborative divorces go through highly-specialized training and ongoing education to address conflict and disagreement in a creative and calming fashion; allowing a couple to refocus and find productive resolutions. To proceed with a collaborative divorce, both spouses must agree to the process and hire collaboratively-trained attorneys.
Then, both spouses and their collaborative attorneys sign a collaborative agreement where everyone commits to resolving the divorce outside of court through negotiation..
What are the Differences Between Collaborative Divorce, Mediation, and Litigation?
Collaborative divorce offers a middle ground between mediation and litigation. Like mediation, collaboratives happen outside of court. That said, in mediation, spouses meet with one neutral mediator. In a collaborative divorce, spouses each have their own attorney. The collaborative process is designed to be less time-consuming, less expensive, and less confrontational than a litigated divorce. It reduces stress and anxiety, so spouses can focus better on resolving issues. The spouses can use the money they save in the collaboration to engage other neutral experts. For example, the collaborative team might consist of a mental health professional serving as a divorce coach and a child specialist to help design the parenting plan. Or, a neutral financial professional may help structure property division and alimony. Regardless, all professionals involved require collaborative divorce training in order to participate in this type of approach.
Am I a Good Candidate for Collaborative Divorce?
Freed Marcroft’s attorneys handle divorces via all three approaches: mediation, litigation, and collaborative law. Your Freed Marcroft legal team will help you understand the pros and cons of all three so that you can choose the approach that’s the right fit for you and your family. For example, as with mediation, spouses’ willingness to communicate, move forward, and openly share financial information are critical components of collaborative divorce. Unlike mediation, you’ll have your own attorney by your side. And, because of the privacy and the availability of neutral experts, collaborative divorces can work well even for complicated high net worth divorces with complex assets. Plus, the flexibility of the collaborative divorce can benefit those with intricate scheduling needs, including when a spouse is located out-of-state or internationally.
The reason Freed Marcroft’s legal team has extensive experience in all three divorce options is that what is most important to us is designing a divorce custom-tailored to meet your goals, and your family’s needs. We want to help you pick the right approach for you and then design a divorce to get you on to living the life that you deserve to live.
Ready to Take The Next Step? Contact Freed Marcroft
Our first step at Freed Marcroft, the Goals & Planning Conference, is designed to get to the heart of your problem and unveil your true goals. Then, we take those goals along with the facts of your case and analyze them so that we can present you with recommendations and options on how to move forward.
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