Many Connecticut residents who are considering divorce dread the idea of a lengthy court battle, but in some cases they can avoid the time, expense and emotion of litigation and instead pursue a negotiated settlement. The advantages of a negotiated divorce, in addition to staying out of the court room, include the process taking less time and having more control over the outcome of the divorce.
Two popular types of negotiated divorces are cooperative and collaborative divorces. With a cooperative divorce, both individuals retain an attorney that will represent them during the proceedings. These attorneys will negotiate divorce issues on their behalf. If people have problems discussing matters without arguing, having third parties doing the haggling can be helpful. A collaborative divorce is where a couple decides to stay out of the court room and rely on experts to help them navigate their divorce. Financial experts and attorneys are used to help guide individuals through the process.
With negotiated divorces, people do not have to fill out legal documents that are made public. Additionally, instead of having a judge decide matters of custody and asset division, the couple makes these choices for themselves. For negotiated divorces to work, couples have to be able to communicate fairly well and have a measure of respect for each other, but this process is a far easier one than litigated divorces.
There are an enormous number of choices that people will need to make when they end their marriage. A person contemplating a divorce may wish to consult with a lawyer, who may be able to explain alternatives regarding property division and spousal and child support.
Source: Huffington Post, “Divorce Confidential: Should I Negotiate or Litigate My Divorce?“, Caroline Choi, October 25, 2013