Connecticut Divorce Law Firm
Understanding Divorce Litigation And Alternatives In Connecticut And New York
When a couple is going through a divorce, an amicable resolution to all of the issues would be the most favorable outcome. However, there often are conflicts surrounding one or more of the issues that must be resolved in order to finalize the divorce. A divorce, especially one involving moderate to
high net worth, may lead to litigation before a judge in order to get a judicial resolution for one or more matters. Some of the commonly litigated issues in these types of cases include:
Heidi E. Opinsky and her divorce law firm colleagues, are committed to providing the best possible legal representation, exceeding the expectations of her clients. Ms. Opinsky works with a team dedicated to providing legal services that surpass the highest of standards.
Collaborative Law And Mediation
Although litigation always is a possibility, there are other methods of resolving issues that may facilitate open communication moving forward, which is especially important if there are children who will necessitate ongoing interaction. Collaborative law and mediation are two of these alternatives.
Collaborative law is an alternative to litigation. It involves an agreement between the parties that they will not pursue litigation. In collaborative law, the parties each have the right to their own attorney to mediate their disputes in an effort to avoid litigation. The parties usually execute a collaborative law agreement evidencing their commitment to work toward a negotiated agreement. The primary benefit of engaging in a collaborative process is a faster resolution in most cases. The parties also have far more control over the allocation and division of the assets and support, custody and visitation, in accordance with their wishes, rather than leaving it up to the judge to make the most important decisions. In addition, the outcome is more discrete rather than going through a court trial which results in litigating disputes in an open courtroom.
Mediation is also based on negotiation and compromise to reach agreement on the open issues. In mediation, there is a neutral third party, usually an attorney, who assists the spouses in prioritizing goals in order to resolve issues. The mediator is able to guide the parties to decisions that would be acceptable to a judge based upon the law in the state in which the divorce is taking place. As with collaborative law and litigation, in mediation, outside experts may be brought into the Mediation proceeding to assist the parties. If there is an agreement, whether it be through mediation or collaborative law, the judge still must approve the parties’ agreement before it becomes final. Should litigation be necessary, the court will have to render the final decisions on all unresolved matters.