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Litigation

Divorce Litigation Attorneys

“Litigation” is most simply defined as the process of taking legal action through the court.   Divorce litigation is what we call it when spouses don’t agree to opt out of litigation and to opt into one of the alternative dispute resolution methods — mediation or collaborative law.

As litigation is the default approach for Connecticut divorces, it’s no surprise that most divorces are litigated divorces.

What may be a surprise, though, is that people reach an out-of-court settlement agreement in the vast majority of divorce litigations.

In divorce litigation, Freed Marcroft’s lawyers negotiate on your behalf to try to reach a reasonable settlement. When you and your spouse can’t agree, the court is available to decide those issues.  Our legal team utilizes different types of dispute resolution within a divorce litigation. For instance, we can negotiate, mediate, or collaborate to reach resolutions on some items while heading to court to litigate others.  Our overarching objective in each matter is to meet your specific needs.

High Conflict Divorce Litigation

At Freed Marcroft, we are strong, experienced, and assertive divorce and family law attorneys.  If you have high conflict divorce litigation, we have experienced divorce litigators ready to take your case all the way to a full divorce trial.

High conflict litigation is the kind of litigation most like what you may have seen on TV, where spouses don’t speak to each other, and lawyers present evidence in front of a judge.  The attorneys for each spouse present evidence and the judge makes the final decision on how issues in your divorce will be resolved.

There is a formal discovery process and each side can present testimony from their own expert witnesses, such as financial or mental health professionals. The length of trials in divorce varies, but you can expect to spend quite a bit of time in court.

Low Conflict Divorce Litigation

Many believe that litigation and contentiousness go hand in hand.  This cannot be further from the truth. Even if spouses have vastly different views, they can still be respectful of their differences and cooperative throughout a low conflict litigation.

When you and your spouse don’t choose mediation or collaboration, you can still work together on resolving issues with assistance from your lawyers in a low conflict litigation.

Some agreements may be reached in four-way meetings with you, your spouse, and your attorneys.  When you and your spouse can’t reach an agreement, Freed Marcroft’s attorneys can advocate for you at a court hearing to resolve only that distinct question.  Or, we may be able to negotiate reasonable resolutions on everything, and never need the court to decide.

The formal discovery process and presentation of evidence remains an option in low conflict litigations.

Our Attorneys Will Be Your Guide

The two spouses ultimately have control over whether their divorce litigation is low or high conflict.

Couples who begin the divorce with high conflict litigation may switch to low conflict. Sometimes, at the beginning of the divorce, there are a couple of very contentious issues – for example, regarding a parenting dispute or who will live in the family home during the divorce. Once a judge resolves those issues, going forward spouses may find that they are able to reach agreements outside of court with help from their attorneys.

Sometimes, a spouse will avoid beginning or engaging in a divorce.  Options to handle this include formally begin your divorce by filing with the court, or sending a letter to your spouse expressing your desire to resolve the divorce through mediation or collaboration.  This may help your spouse move forward and even agree to participate in a non-adversarial process, ending the litigation.

Learn more about how our experienced divorce attorneys can help you with divorce litigation.  Contact us today to schedule a Goals & Planning Conference.

How to Decide Whether Divorce Litigation is Right for You

At Freed Marcroft, we practice in all of the approaches to divorce — high and low conflict family law litigation, collaborative law, and mediation — because what is most important to us is designing an approach individualized to your, your goals, and your family.

The basic differences between litigation, collaboration, and mediation are located here.  Or, check out Attorney Meghan Freed’s explanation in our video “How To Choose Your Approach.”

Our divorce and family law attorneys and legal team will be your guide and advocate every step of the way.

Freed Marcroft practices exclusively divorce and family law, and we are ready for any challenge you face. Learn more about how we can help. Contact us here or by phone at 860-560-8160 to schedule a Goals & Planning Conference.