Legal Resource Center

Mediation is a process used during divorce to resolve conflicts between both parties. It is an affordable alternative to traditional litigation and is especially beneficial for dealing with family law issues like child custody and support.

A mediator, who remains neutral between the two parties, sets ground rules and creates a comfortable environment to discuss emotionally sensitive topics. The mediator for divorce assists in communication and provides legal information to help the couple develop creative solutions that benefit the entire family. If necessary, the mediator for divorce may refer the couple to third-party professionals for services such as appraisals. It is recommended that mediation clients seek independent legal advice for informed decision-making.

Compared to litigated divorces, mediated divorces tend to have a higher rate of long-term parental cooperation and fewer court returns. Mediation is also typically less costly, with overall expenses for both parties often being less than a single spouse’s retainer in a litigated divorce. Moreover, a mediated divorce generally reduces the emotional burden on the parties and their children.

A mediator is a neutral party specially trained to help couples resolve the issues in their divorce. The mediator facilitates the communication between the parties by making sure each party is given an uninterrupted time to speak, asking a party to restate or explain a point when necessary, and asking questions to make communication clear. The mediator also provides information about the legal system, how issues may be viewed by lawyers or judges, and what alternatives there are for solving issues. When necessary, the mediator will refer the couple to a third party expert for services such as appraisals.

At Connecticut Family Law Group, our experienced divorce mediation lawyers are here to help. Our team understands that divorce can be a challenging time for everyone involved, which is why we offer a comprehensive approach to mediation that takes into account all aspects of your situation.

With our help, you can move forward with confidence, knowing that you have a dedicated team of skilled lawyers on your side. Contact Connecticut Family Law Group today to schedule a consultation with one of our experienced divorce mediation lawyers.

How long a mediated divorce takes depends on the complexity of the issues and the ability of the individuals to be flexible as they negotiate a fair agreement. The average mediated divorce case takes at least four to five sessions (2-3 hours each) spread out over 3 to 4 months. More complex cases can take up to 6 months to complete.

Our firm understands your children are your greatest assets and that it is in their best interests to experience minimal stress and anguish during your divorce. Neutral third-party professionals are brought into the collaborative divorce process to provide opinions on best practices; one of these professionals is often a child psychologist who can advise you and your spouse on ways to help your children along in the process. Additionally, the child specialist works with each parent and the team to help create the best possible parenting plan. A Collaborative divorce places a premium on the overall wellbeing of your children.

Collaborative Divorce is a non-adversarial process in which you and your spouse each hire a specially trained collaborative divorce attorney to represent you and negotiate an agreement.

Collaborative Divorce protects privacy and confidentiality and allows for an agreement without court intervention. Although the process is much gentler and well received by those who embrace it, the divorcing parties must be willing to work honestly, openly, and in good faith to arrive at a fair resolution without court involvement. Both parties make a pledge that the attorneys will withdraw if an agreement cannot be reached. Once the collaborative divorce starts, the lawyers are legally disqualified from representing you and your spouse in a contested legal proceeding.

In general, because there are more professionals involved, this process can be more expensive than mediation, but it is frequently less expensive than the litigation model – particularly those that involve court appearances.

Collaborative divorce avoids contentious court battles. It bears repeating that divorce does not have to devolve into bitter contentious matches in court. Such actions can exacerbate the pain, heartache, and stress commonly associated with divorce. The overall tone and attitude of parties engaged in collaboration are markedly different from a contested divorce, which almost always paves the way for a healthier future

The key ingredient of Collaborative Divorce is that the negotiation between the parties takes place in four-way meetings where both sides and their attorneys are present. The lawyers, who have training similar to mediators, work with you as their client and one another to assure a balanced process that’s active and productive. This process encourages creative problem solving and resolutions designed to meet the needs of all members of the family for a long time to come. Therefore, reaching an equitable agreement often requires a team approach, with input from financial advisors and/or mental health professionals as well as child specialists and/or life coaches. The goal of the experts is to educate the parties and explore settlement options to meet the long-term needs of both parties and their children. The make-up of the team is tailored to each case in the context of a cost/benefit analysis with the clients having the final decision. Many cases only have one additional expert (e.g. financial neutral or child psychologist) while others may have several. When there is agreement, a document is drafted by the lawyers, and reviewed and edited by you and your spouse until everyone is satisfied.

Some couples need a lot of time to complete the process, whereas others will reach solutions in a few meetings. Scheduled meetings with a firm agenda help the couple to conclude the process more quickly. On average the Collaborative process lasts about six months, which is about the same as mediation and less than the litigation model. That said, you may experience less or more depending upon a variety of factors that may or may not be present in your particular case.

The main difference between collaborative divorce and litigation is that in a collaborative divorce, both spouses (and their attorneys) sign an agreement that they will forego court proceedings. This step memorializes and incentivizes the couple’s goal to dissolve their marriage with a practical, non-adversarial approach. Disputes are resolved respectfully based on the ethical behavior of both parties. Although divorce is never pleasant, you can divorce with dignity.

While mediation is – on average – the least expensive approach it isn’t for everyone. With the Collaborative model, each party has their attorney with them to assist in discussions, negotiations, and problem-solving. Many people are more comfortable with, or better served by having an attorney more engaged as compared to mediation.

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Connecticut follows the principle of equitable distribution when dividing marital property, which differs from the community property system used in certain other states where assets are divided equally between partners. The division of property under equitable distribution is based on what is considered fair and may not necessarily result in a 50-50 split.

Generally, Connecticut law separates each individual’s property from the marital property. Separate property refers to the assets that a partner had before they entered the marriage, while marital assets are those acquired during the course of the marriage. However, this is not set in stone. In order to divide assets equitably, the court might divide separate property between spouses. Separate property could become marital property during the marriage if the other party contributes to it or preserves its value.

In Connecticut, there are no legal provisions that specifically address pets, and as cold as it may sound, pets are considered “personal property” under Conn. Gen. Stat. § 46b-81 to typically be divided by agreement of the parties. The hope is that the parties can reach an amicable agreement on their own regarding pets, but, like other personal property, if the parties are unable to reach an agreement, the court will decide who will get possession of the pet(s).

It is important for at least three reasons. First, cryptocurrency needs to be accounted for as a matter of Discovery. Like any asset, it needs to be disclosed and accounted for—especially given its volatility. Second, Family Law attorneys need to be creative and flexible when deciding how to divide this asset class. A third important reason for matrimonial attorneys to have a working knowledge of cryptocurrency is that it can be used (or is perceived to be used) as a way to hide money in a divorce.

To initiate the process of filing for child custody in Connecticut, it is necessary to submit specific documents to the court and provide the other involved party with the required paperwork. These documents include the custody petition, an order mandating their presence at the hearing, a notice intended for the respondent, an explanation of automatic orders, an affidavit concerning the children, and an appearance notification.

These papers must be handed over to a state marshal, who will be responsible for serving the other involved party, also known as the respondent. There is a specific fee associated with this service, which you are obligated to pay. However, you may be exempted from paying this fee if the court determines that you have a financial need for the exemption.

Once the documents have been served, you must proceed to either submit the original papers online or return them to the Clerk’s office for processing. Additionally, the state marshal will provide you with evidence confirming the successful service of the documents, which you must also submit. In case the court has waived your fee obligation, remember to include the Application for Waiver of Fees/Appointment of Counsel form along with the rest of your paperwork. Once your custody petition has been officially filed, the court will set a date for the custody hearing.

Judges decide custody by determining what arrangement is in the best interests of the children. Connecticut General Statutes Sections 46b through 56(c) note several factors that may be taken into account in reaching a decision. They include:

• The child’s own preference
• The ability of each parent to provide a stable home environment
• Which parent has the ability and availability to be active in the child’s life
• The stability of the child’s current home environment
• Length of time spent in the current home environment
• How adjusted the child is to his or her present home and school situation
• Whether or not the child has special needs and, if so, which parent may be more suited to meet those needs
• Any interference by one parent in the other parent’s relationship with the child
• Any history of child abuse or domestic violence
• Misconduct by either parent during the fight over custody
• Any other factor the court deems relevant

In Connecticut, custody laws make a distinction between legal and physical custody. Physical custody determines which parent the child primarily lives with, while legal custody entails the responsibility for making significant decisions about the child’s education, medical care, and extracurricular activities if the parents cannot agree.

When both parents have physical custody, it is called joint physical custody, and the child spends significant time with each parent, which may not be equal. Alternatively, when one parent holds primary physical custody and the other is granted limited visitation rights, this arrangement is called “sole physical custody.” Advocates for sole custody might contend that it offers greater stability and security for the child.

In Connecticut, child custody laws are structured with the child’s best interests as the primary concern. While the state upholds a preference for joint custody arrangements, acknowledging the benefits of a child maintaining a substantial relationship with both parents, there are certain circumstances in which a court may award sole custody to one parent.

Sole custody is considered when one parent is considered unfit for shared parental responsibilities due to factors such as substance abuse, history of violent crimes, severe mental health problems, and unsafe or unstable living conditions. Furthermore, a history of being absent or uninvolved in parenting can also support a case for sole custody.

In Connecticut, there is no specific age when a child can legally refuse visitation with a parent. Instead, the determining factor for the court is the best interest of the child. While the child’s preference is considered, especially for older children like teenagers, it is not the decisive factor.

Children are considered to have special needs when they have a mental, physical, or emotional condition that requires assistance in their daily lives. Blindness, deafness, autism, and Down syndrome are common examples of such conditions. Depending on the situation, special-needs children might attend special programs in or out of school that happen during unconventional hours or locations. All cases have unique circumstances to consider before deriving a plan for the child’s growth, education, and socialization. The needs of some children are more profound than others, but none are less important.

Parents should discuss what to do if one parent finds himself or herself in a situation where they need to relocate away from the other parent. Parents should contemplate this possibility and work through issues like physical custody, visitation, and costs of travel. Parents may agree to prohibit any relocation except with prior court approval, and reasonable notice.

No matter how well parents plan for the future, they simply cannot anticipate every contingency. Since even the most cooperative parents will not always agree, it is important to have a plan in place for resolving future disputes. Parents should consider deciding upon a mediator they can work with whenever a serious conflict arises. Connecticut law also encourages the involvement of a mental health professional to assist in reaching a developmentally appropriate resolution to any disputes.

In cases of military divorce, the 20/20/20 rule is applied to determine the benefits that a non-military spouse is entitled to receive. For eligibility under this rule, the couple must have been married for at least 20 years, the military spouse must have served in the military for at least 20 years, and the marriage must overlap with 20 years of the military spouse’s service.

If the 20/20/20 rule is met, the non-military spouse can access the same benefits as the military spouse for life, provided they do not remarry. These benefits include Tricare, commissary and exchange privileges, as well as a portion of the spouse’s retirement pay.

If a marriage falls short of the 20/20/20 rule, but lasted for a minimum of 10 years and coincided with 10 or more years of military service, the civilian spouse is still eligible to receive direct payments from the Defense Finance and Accounting Service (DFAS).

In addition to Uniformed Service members of the military (active-duty), those in the National Guard and Reserves are also eligible for TRICARE benefits. Retired active-duty military personnel, regardless of age, and retired National Guard/Reserves personnel may enroll in a TRICARE plan upon their retirement.