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What are the different ways to divorce in Connecticut?

On Behalf of | Apr 25, 2024 | Family Law

While people may get married with the assumption that they will remain with their spouse for the rest of their lives, that is not always what happens. Some couples slowly grow apart over the years and succumb to empty-nest syndrome when their children move out later in life. Other spouses feel compelled to file for divorce because of misconduct like domestic violence or infidelity.

Regardless of the reasoning behind someone’s divorce filing, they may face a variety of challenging legal processes. There are multiple ways to approach divorce in Connecticut.

Divorce litigation

The process people imagine when talking about divorce involves litigation. While all divorces must go through the family courts, spouses do not need to fight over the terms of their divorce in family court. In scenarios where couples do not agree on property division matters or other important divorce details, they may move forward with a contested or litigated divorce. A judge then reviews family circumstances and applies Connecticut law as they deem appropriate.

Divorce mediation

Alternative dispute resolution is a useful tool for those contemplating divorce. Mediation and arbitration are both possible, although couples are more likely to attend mediation than arbitration. The process involves working with a neutral third party to resolve current disputes about divorce terms and settle disagreements amicably for an uncontested divorce filing. Successful divorce mediation results in a signed agreement that sets the terms for the divorce.

Collaborative divorce

Collaborative divorce proceedings begin with an agreement between the spouses to cooperate with one another instead of fighting. They might undergo mediation or may negotiate via their lawyers to settle matters outside of court. The goal of a collaborative divorce is an uncontested filing in which the spouses set all of their own terms.

Divorce guided by a marital contract

Some spouses can bypass much of the stress involved in divorce negotiations because they have a prenuptial agreement on record. Others might be in a position to establish a postnuptial agreement outlining their expectations for any divorce that may occur in the future. Even those on the cusp of filing for divorce may find that negotiating a postnuptial agreement is a worthwhile investment.

Spouses who consider every option can potentially reduce the stress and expenses involved in an upcoming Connecticut divorce. Looking at different approaches to divorce can help people make the most informed choice possible given their circumstances.