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.

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I have used Evelyn Gryk Frolich as my lawyer for several years now. From my divorce to a will before cancer treatments. She went above and beyond for me. She is a highly professional and knowledgeable lawyer. She can look two steps ahead and figure out what to do before you even know it will happen. I would highly recommend her and her firm to anyone who is looking for a lawyer who will fight for you and what you need, and get the job done well. Pam
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Attorney Frolich is widely respected for her understanding of family law and strong advocacy on behalf of clients. She has a great deal of experience in many areas of the law but particularly in matters related to family law. Attorney Frolich is an experienced litigator and has a depth of knowledge regarding court procedures. She also appreciates the value of a collaborative approach to a reasonable settlement, whenever that is possible. Atty. Virginia Street
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Evelyn has been very helpful on numerous occasions during the past several years, as my attorney and legal consultant for my family law case. She provides realistic and balanced advice regarding how to effectively handle complex situations. Jessica S.