Divorce: Court-Based vs. Collaborative

When a couple is separated, or is starting the divorce process, they have two ways to go about it.  They can choose to settle in court, or volunteer to proceed in a collaborative manner, outside of court.

1. In Court based divorce, the parties each can retain a divorce attorney to represent their interests. If the parties are unable to reach an agreement, while the action is pending the parties can schedule court hearings and request the court enter temporary orders for custody, support and other necessary relief.

The parties can also request “Discovery” be provided by the other party and ask the court for sanctions if the requests are not complied with. They can retain professionals to value assets or determine cash flow at issue. The parties are entitled to a trial on the final issues (including child support, wills and trust etc), and the Judge will enter a Judgment on all issues presented.

2. In Collaborative divorce practice the client is represented by a divorce attorney and a team of professionals, as needed, and through a series of scheduled meetings work out an agreement suited to their family’s circumstances. This is a solution based system accomplished by reviewing all the alternatives with the team and choosing the one that addresses the concerns of all parties most closely.

In collaborative divorce, the parties agree to:

  • Voluntarily provide all information, financial or otherwise, necessary to make this a successful experience.
  • Waive the right to use the court system to address their concerns
  • Waive the right to have their Divorce Attorneys represent them if the process fails and the case is litigated

There are risks inherent in either choice and after legal consultation on the options, you choose the one that is best suited to your situation.

Gryk Frolich LLC helps Connecticut families find the solutions they need to successfully resolve their differences during separation and divorce.

Schedule a free consultation to get the divorce mediation process started, and legal questions answered.

 

Copyright 2012 Evelyn Gryk Frolich, Esq.

Posted in Collaborative Divorce, Divorce, Family Law Tagged with: ,