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 McConnell 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 McConnell 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.
Each case is different, but as a general rule, Connecticut courts take many factors into consideration when determining alimony payments. The goal is to achieve a fair and equitable arrangement that takes into account the specific circumstances of the parties involved. These factors are provided in Connecticut General Statutes Section 46b-82 and include:
Any number of factors can contribute toward one party receiving a favorable alimony judgment.
Connecticut’s alimony statute does not specify a minimum duration of marriage required to receive alimony. Instead, judges in the state have the authority to exercise their discretion in determining both the amount and duration of alimony payments. When making this decision, judges take various factors into account. Among these factors, the length of the marriage holds significance. Generally, alimony is more likely to be awarded in longer marriages, as the court recognizes the increased financial interdependence between spouses over an extended period.
While civil trial judgments are usually final and not subject to modification, family court judgments can be altered due to specific legislative statutes that permit such changes. Alimony is designed to ensure that one spouse, often the wife, who sacrifices career opportunities to raise children and support the family, is not penalized for their sacrifices. Therefore, it is reasonable to allow modifications to alimony or child support when the payor spouse’s income increases after the divorce.
It’s crucial to distinguish alimony from child support for tax purposes and compliance with both state and federal tax laws. While alimony payments may be taxable or deductible, child support payments are neither taxable income for the recipient nor deductible for the payer. Child support is intended to cover the expenses associated with raising a child, while alimony focuses on providing financial support to the former spouse.
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.
In divorce, a financial affidavit is a comprehensive and legally binding document that provides a detailed overview of each spouse’s financial situation. This affidavit serves as a crucial tool to ensure transparency, fairness, and accuracy in the divorce proceedings, especially when complex financial portfolios are involved.
The financial affidavit requires both spouses to disclose a wide range of financial information, including:
In a high-net-worth divorce, where the financial stakes are substantial, the financial affidavit plays a pivotal role in ensuring that both spouses have a clear understanding of their financial standing and that the divorce proceedings are conducted fairly, transparently, and in accordance with the law.
Financial transparency holds immense importance in high net worth divorces, serving as a fundamental pillar for a fair and equitable resolution. In these intricate cases, where substantial assets are in play, maintaining open and candid communication about financial matters is paramount. By ensuring that both spouses are transparent about their financial holdings, income sources, investments, and debts, the divorce process gains integrity and fairness.
When deciding whether to file for divorce, one of the major considerations a person makes is the financial implications. A divorce can be costly and the possibility of losing your hard earned assets can be daunting. Being aware of the potential impact is even more crucial in a high net worth divorce, which is why it is important to have the help of a knowledgeable attorney who can ensure that your assets are protected and that your best interests are represented. Additionally, here are some tips you can follow:
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:
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.
A prenuptial agreement, commonly referred to as a prenup, is a legal contract that outlines the division of assets and liabilities in the event of a divorce. In addition to financial matters, a prenuptial agreement can address other potential issues that may arise during a marriage.
A prenuptial agreement can be changed if both you and your spouse reach a mutual agreement. This modification is known as an amendment. You can create an amendment by either incorporating changes directly into the original contract or by executing a separate contract that adjusts the terms of the initial agreement.
Couples seek a prenuptial agreement for a variety of reasons, including:
The most fundamental reason why people enter into prenuptial agreements is for security. People feel more secure knowing what will happen in the event of death or divorce. If you cannot come to an agreement with your spouse, the court will decide for you. A prenuptial agreement removes the uncertainty of a court decision and ensures that all important decisions were made by you and your spouse.
While prenuptial agreements do not have specific expiration dates, they can be customized to include clauses and limitations that cater to the couple’s unique circumstances. Therefore, once a couple enters into a marriage, their prenuptial agreement remains in force and legally binding unless stated otherwise in the document itself.
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.
The job of DCF is to investigate allegations of child abuse and/or neglect. There are several kinds of abuse and neglect including physical, emotional, sexual, educational, moral, and medical. DCF has particular definitions of what constitutes abuse and neglect and through their investigation, they will be looking for evidence that supports these allegations.
Allegations of abuse and/or neglect can come from family members, neighbors, friends, or a mandated reporter. A mandated reporter is someone designated by Connecticut statute who must report suspected abuse or neglect. Doctors, nurses, teachers, counselors, and police officers are some examples of mandated reporters. They are under penalty of law if they do not report, so oftentimes they will make a report even if there is little to no evidence supporting such claims.
While you do not technically need an attorney for a DCF investigation, it is strongly recommended that you have one. If DCF has evidence of child abuse and/or neglect, it has the power to remove your children from your home, interfere with your right to reside there, interview your children without your being present, and institute unnecessary services and treatment orders on your family. Considering the severity of these potential outcomes, it is recommended that you have an experienced attorney to guide you through this process and protect your rights.
You do not have to speak with DCF investigators or let them into your homes, but there may be consequences for turning them away. The best way to proceed is to take their name and number and let them know your lawyer will contact them to learn more about the case so they can provide you with the best advice. Further, at the beginning of an investigation, the DCF investigator may show up at your door unannounced, catching you by surprise. In this case, you can ask DCF to come back at another time after you have had the opportunity to speak to a lawyer.
No, but if you deny DCF access to your home, DCF has the option of taking aggressive temporary custody actions like imposing a 96-hour custody hold on your children, filing an Order of Temporary Custody against your family, or filing a neglect petition against both parents. It’s better to avoid these situations and let your attorney try and get your case dismissed before it gets to this point.
At the end of its investigation, DCF will either close the case against you if it finds no abuse or neglect, or substantiate the allegations and take further action. If abuse and/or neglect are found, DCF may find that you pose a risk to the health or safety of your children and recommend placement on the DCF central registry. DCF also has the power to seek court intervention to impose services and plans on your family during and after their initial investigation.
Yes. If DCF substantiates that you committed child abuse or neglect, it must afford you the opportunity to request an administrative hearing, at which you can challenge their findings. After your request and before the hearing, a DCF staff member will review the substantiation, and this review will result in either DCF reversing their decision and dropping the allegations, or upholding their decision and proceeding to a hearing. If your case goes to a hearing, it is there that you will have your opportunity to present your side of the story and defend yourself against the abuse and/or neglect allegations.
A DCF abuse/neglect hearing is similar to a civil court trial. However, the rules of evidence are not as strictly followed as in a trial. DCF has the burden of proving the allegations against you by “a preponderance of the evidence.” You can question DCF’s witnesses and call your own except, in most cases, you cannot have the alleged child victim testify. You can use evidentiary exhibits to help defend yourself. However, as mentioned, the rules of evidence are much more relaxed than in a civil trial, and DCF can rely on hearsay and other evidence that might be inadmissible in court to try to prove its allegations.
Yes. Not only are you entitled to hire an attorney to represent you during DCF investigations and hearings, but it’s a good idea to have an experienced attorney by your side to best defend your rights and keep your family together.
Office Locations & Contact Information
Hartford
638 Prospect Ave., Hartford, CT 06105
intake@mcconnellfamilylaw.com
Tel: (860) 266-1166
New Canaan
71 Elm St. #201, New Canaan, CT 06840
intake@mcconnellfamilylaw.com
Tel: (203) 344-7007
New Haven
157 Church Street, New Haven, CT 06510
intake@mcconnellfamilylaw.com
Tel: (203) 344-7762
Greenwich
Westport
8 Wright St, Suite 107 Westport, CT 06880
intake@mcconnellfamilylaw.com
Tel: (203) 601-6437
Groton, CT
500 Bridge St, Groton, CT 06340
intake@mcconnellfamilylaw.com
Tel: (860) 248-7261
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