Alternative Dispute Resolution Can Speed Up Divorces in a Back-logged Court System

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By Deborah R. Eisenberg and Kate W. Haakonsen

Divorce ranks as one of life’s more scary and stressful events.  Most people want it over with as soon as possible.  Almost everyone ends up feeling that it took too long.

Currently, Hartford Superior Court’s Family Division is laboring with backlogs of hundreds of Pre-Judgment Motions, Contested Divorces, and Post-Divorce Motions for Modification or Contempt of Court Orders.  According to data collected by the State of Connecticut’s Judicial Branch, on Nov. 3, 2020, the Hartford Court had 1,010 divorce cases pending, up from 675 one year earlier. Of these cases, 162 are more than 12 months old; one year earlier, 43 cases had been lingering for more than one year. Nearly all hearings are taking place remotely via Microsoft Teams and any matters requiring more than an hour are being scheduled well into next spring.

In person hearings seem to be a dream for the future at this time. Due to Covid-19 and the necessary workplace protections that have been put into place, the Family Relations Division, the arm of the court that assists in resolving custody disputes, has suspended its practice of in-home visits to perform custody evaluations and has otherwise limited its scope of mediation and assessment services.

What this means for those who are unable to reach agreements is a long wait without much opportunity for recourse. The old threat of “I’ll see you in court,” doesn’t mean much while this pandemic continues to rage.

Fortunately, there are other paths to settlement for divorce and custody litigants. Divorce Mediation and Collaborative Divorce are two options that offer couples opportunities to work with professionals outside of court to reach agreements on their own schedule rather than the court’s.

Divorce Mediation involves a couple working with a neutral mediator (generally an attorney) who does not make decisions but facilitates an agreement between the parties. After addressing the couple’s parenting disagreements and their financial disputes surrounding their income, assets and debts, the mediator helps them consider the various options for resolution. Each spouse may choose to have outside legal consultation along the way. When agreement is reached, the necessary paperwork is prepared and filed with the Court.

Another mediation option exists for couples with substantial assets and complex issues who are tied up in litigation with no end in sight: They and their attorneys can retain a mediator, often a retired judge with a private mediation practice, who can allot several hours in a day to resolve all outstanding issues.

In the Collaborative Divorce Process, a couple works with a team of specially-trained divorce professionals including a lawyer for each spouse, a neutral mental health professional and a neutral financial professional.  The couple benefits from the skills of each team member in working out their parenting arrangements, collecting, organizing, understanding their financial information, and finally identifying and evaluating options for resolution. Each spouse has the support and guidance of a lawyer throughout the entire process.  The collaborative divorce approach is private and focuses on the children and the unique interests of the couple. The goal is not for one spouse to “win” or “lose” but to achieve a settlement that each can live with and that is reasonable for the family.

Both Divorce Mediation and Collaborative Divorce can be done remotely, eliminating the need to travel and allowing clients to choose professionals without concern over their office locations. Both processes can save couples time and money and get them to a resolution specifically tailored to their needs and interests much sooner than the traditional court process.

Once an agreement is reached through either process, the case can be finalized very quickly. The Judicial Branch has created new forms that allow the court to review agreements and enter orders or judgments within a matter of days without holding a hearing, either live or remote.

These two alternate dispute resolution processes offer couples excellent options for finalizing their divorces while working through our back-logged court system.

Attorney Deborah Eisenberg

Attorney Deborah Eisenberg

Attorney Kate Haakonsen

CCDG Attorney Sheridan Receives Bar Award

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Attorney Allenston M. Sheridan Jr.

Congrats to CCDG attorney Allenston Sheridan Jr., honored with high standards of service to the profession, ethics, scholarship, and devotion to clients with the Hartford County Bar Association’s Judge Maxwell Heiman Memorial Award. His practice includes collaborative and mediated divorce matters as well as fully litigated cases regarding finances and child custody issues throughout the state of CT.

CCDG Attorney Donna Buttler on Mental Illness Awareness Week: Collaborative Divorce Benefits the Whole Family

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This week is Mental Illness Awareness Week. When it comes to divorce when mental illness is involved, a Collaborative Divorce attorney might be able to work differently with clients who have mental health issues.

Attorney Donna Buttler

“Support for the individual who is mentally or emotional compromised is inherent in the Collaborative process. The mental health professional attends all sessions to look out for their needs as well as an individualized attorney advocate to provide legal support,” said CCDG attorney Donna Buttler. “The Collaborative method creates a circle of privacy as well as support for the individual who may have more difficulty coping with the emotions of a divorce, coupled with the need to negotiate in a reasonable manner. Contrast that with litigation and the need to put an emotionally compromised individual on a witness stand to essentially drill them for information in an utterly confusing situation and it is apparent how the collaborative process is beneficial to the entire family.”

 

New Order Allows Couples in CT With Collaborative Divorce Agreement to Finalize Divorce Without Going to Court

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For Immediate Release
June 8, 2020

 

CCDG Divorce Attorneys: Now Is Actually the Best Time to Get a Divorce! 

HARTFORD, Conn; June 8, 2020 – In response to the current pandemic situation, family courts in Connecticut remain closed, except for emergencies such as restraining orders and ex parte matters. Other motions will not be heard. But the State of Connecticut Judicial Department continues to move forward to allow access to the courts, and under new procedures made possible through one of the Governor Ned Lamont’s executive orders, family cases with full written agreements can request approval of those agreements without having to go to a courthouse for a hearing.

“Only domestic violence cases and certain emergency cases are presently being heard in the courthouse – and everyone entering the courthouse has to wear masks, adhere to extreme social distancing, and more precautions,” said attorney Robert B. Fried with the Connecticut Collaborative Divorce Group (CCDG), a group of professionals (attorneys, financial professionals, behavioral health professionals) that aims to keep divorcing couples and their children out of court using a team approach to family conflict resolution called Collaborative Divorce. “Arrangements have been made to allow dissolution of marriages (uncontested divorces), annulments, custody matters, and additional family court issues to proceed electronically if there is a written agreement on the issues. The courts will now conduct status conferences and pretrials by telephone and video conferencing.”

Collaborative Divorce is a non-alternative dispute resolution process with professionals trained to assist and promote communications and settlement outside the court process. Divorcing parties meet and work toward a comprehensive resolution of all issues and have it reduced to a written document signed by the parties.

While many divorce cases were put on hold at the beginning of the pandemic and lockdown, uncontested divorces can now be finalized. This can include final judgments on custody, visitation between parents, divorce or legal separation, or a final order on any motion in such a case, as long as the parties are in agreement and can file the necessary documents.

“This new development is huge! That means your divorce is final and you don’t have to go into court – lawyers submit filings, paperwork and final agreements, and the court can order that agreement without a hearing, without people having to go to court,” said Meghan Freed, also an attorney with CCDG. “We don’t know if this (divorce by electronic filing) is going to stay around after coronavirus, but if it does stay around, that means we can keep people out of court entirely! We used to keep it out of court until the last piece, now we don’t have to go at all. This was possible to do in other states but not in Connecticut.”

While many couples are enduring quarantine and hoping to divorce when society returns to normal, now is actually the perfect time to get divorced. With a collaborative divorce, families can get in and out of the divorce quickly and emerge from quarantine in a better place.

“This is really something in a world where people are struggling from a lack of control,” Freed said. “Collaborative divorce is designed to get control back to the couple. Right now, we can help give them more control. Also, life has slowed so much, were having more success scheduling meetings closer together so the whole process is taking less time. They don’t have to go anywhere.”

 

Learn more about the Collaborative Divorce process: www.ctcollaborativedivorce.com. CCDG members are available for interviews.

About CCDG: Connecticut Collaborative Divorce Group is a group of experienced divorce professionals, including divorce and family lawyers, financial and mental health professionals who have been specifically trained in the collaborative process. Each member of the group has made a commitment to the goals of collaborative practice in order to help people achieve fair and lasting settlements without using the court or even the threat of court. Additionally, each member attends regular meetings and training sessions designed to develop and enhance their Collaborative Divorce skills. For more information visit: www.ctcollabrorativedivorce.com

CCDG Divorce Attorney Robert B. Fried

Pediatric Behavioral Health Resources in CT

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If you are worried about your child or teen…Help is only a phone call away.

Child and Adolescent Behavioral Health Referral Resources

1.  Mobile Crisis Intervention Services
Free behavioral health crisis services, including suicide assessment (under age 18; for those 18 and older,  refer to adult services)
This service will help identify and connect you with local providers.
DIAL: 2-1-1, press 1 (wait) & press 1 again

2.  Child Development Infoline
Provides access to early childhood development and behavioral health  services through Help Me Grow CT  (for children 8 and under)
DIAL:  800-505-7000       

3.  Call your Pediatrician.  They can request referral information through the ACCESS Mental Health Program if they do not have a recommendation  that meets your child’s needs

Resources for Parents

1.  COVID-19 Hotline
Talk it Out: A new state of CT hotline to help parents and caregivers  decompress from the pressure of caring for children during COVID-19.
DIAL:  833-226-2362

2.  Intimate Partner Violence/Domestic Abuse Line
DIAL:  888-774-2900
LIVE CHAT:  www.CTSafeConnect.org

3.  Postpartum Support International Helpline
DIAL:  800-944-4773
TEXT:  503-894-9453 (English), 971-420-0294 (Spanish)

 

Here’s the full document from the The Child Health and Development Institute of Connecticut:

Pediatric_Behavioral_Health_Resources_Quick_Guide.

How Covid 19 Affects Family Court Cases in Connecticut

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FOR IMMEDIATE RELEASE

April 8, 2020

 

CCDG Divorce Attorney Robert Fried Explains the Current Situation

HARTFORD, Conn; April 8, 2020 – In response to current pandemic situation, the State of Connecticut has closed all but 10 courthouses and limited the matters to be heard, including family court proceedings, to urgent concerns such as restraining orders and ex parte matters. Other motions will not be heard.

As a result, many divorce cases are on hold. But what exactly does that mean for people who have pending divorces? What are the options for people who are ready to file? And what can be done about existing parenting plans if they no longer work during the pandemic situation?

Attorney Robert Fried with the Connecticut Collaborative Divorce Group (CCDG), a Hartford-based group of professionals that aims to keep divorcing couples and their children out of court using a team approach to family conflict resolution called Collaborative Divorce, shares answers to help clarify information about the current state of divorce in Connecticut.

Question: Please share how the Connecticut Courts are affected by the Covid 19 Pandemic. What does this mean for those seeking or in the middle of divorce proceedings?

Attorney Robert Fried: Connecticut has closed its courthouse doors to all but emergency business until, at the earliest, the last week in April. For those who had divorce or other family-related cases commence before December 15, 2015, there is no access to the Courts until the restrictions have ended.
With the advent of electronic filing, new divorces can be commenced. Once they have been started, they face the same restrictions as older cases — short of an emergency, there are no court hearings. This effectively creates an uneasy limbo status where the Court is not available to resolve issues

However, the State has cooperated with various legal documents by allowing attorney to take their client’s sworn oath “remotely.” This is a new concept in Connecticut, and it allows attorneys to continue their work.

Question: Is there another opportunity to move forward with a divorce now?

Attorney Robert Fried: Collaborative Divorce, an alternative dispute resolution process, with professionals trained to assist and promote communications and settlement outside the court process, becomes an even more attractive option. Divorcing parties can meet remotely with individual team members (attorney, behavioral health specialist or financial specialist) as well as the entire team together and work toward a comprehensive resolution of all issues and have it reduced to a written document signed by the parties. Parenting problems can be resolved in negotiations. Families in crisis financially can discuss and resolve those issues by working collaboratively.

Knowing the divorce issues are resolved can remove much of the stress and tension associated with the divorce process. Knowing how much money each party will have has been resolved. The children know what their lives will look like after the divorce, where they will live, go to school, etc.

Although they will still have to wait to finalize the divorce in a courtroom, the war is over; everyone can move on. Today’s crisis highlights the benefits of a Collaborative Divorce because there are no judges to resolve issues – and collaborative attorneys have gone digital through the process of video conferencing enabling divorcing parties to be heard by each other and work through the process by negotiation, not litigation.

Question: Can one still file a motion in pending divorces?

Attorney Robert Fried: Unfortunately, this is a moving target. A new divorce case can be started using e-filing. Once that is done, motions can be e-filed. However, there is no means to get before a judge to have motions acted on (with exceptions for certain types of emergencies). In cases that require a court clerk to take a document and file it manually (family cases originally started prior to Dec. 15, 2015), that simply isn’t going to happen until the Courts reopen and get back to normal operations.

Question: How can this situation affect child support? What do you recommend?  

Attorney Robert Fried: In cases already started, any orders of child support continue. If there are no child support orders in place, there is no place to go – except alternative dispute methods, such as the Collaborative process

Question: What about co-parenting/time spent with one or both parents? Is there a recommended way to share custody (or not) keeping with CDC guidelines?  

Attorney Robert Fried: This is a tough question and there are no good answers. We need to get COVID-19 under control as soon as possible and the various recommendations put out by CDC and some local governments should be followed to accomplish this. There is no doubt of the strong impact on the children of divorcing or already divorced couples – but increasing the risk of infection can have fatal results. There is a balancing act necessary to allow the children access to each parent and, at the same time consider the best interests, and safety, of the children. There is no one best way to get through this time.  Parents can develop the best plans for their unique family situation by using common sense, working cooperatively and putting the children’s needs first.

Question: What are your options now if you’re sure you want a divorce?

Attorney Robert Fried: You can retain attorneys and commence the divorce by e-filing – and then you are in limbo. OR you can retain collaborative attorneys and start the process by video conferencing. You can start the process of rebuilding your lives and the lives of your children now. And you can do it in a way that is not adversarial and that keeps the children’s best interests as the first consideration.

To learn more about the Collaborative Divorce process, visit www.ctcollaborativedivorce.com. CCDG members are available for in-person and telephone interviews.

About CCDG: Connecticut Collaborative Divorce Group is a group of experienced divorce professionals, including divorce and family lawyers, financial and mental health professionals who have been specifically trained in the collaborative process. Each member of the group has made a commitment to the goals of collaborative practice in order to help people achieve fair and lasting settlements without using the court or even the threat of court. Additionally, each member attends regular meetings and training sessions designed to develop and enhance their Collaborative Divorce skills. For more information visit: www.ctcollabrorativedivorce.com

 

Attorney Robert B. Fried

Online Divorces…For Real???

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By Attorney Robert B. Fried

 

With today’s uncertain times and most court houses closed and/or doing limited business, I have had a number of people ask if they can do their divorces online.
 
I can only speak for Connecticut. Since December 15, 2015, Connecticut has e-filing so the case immediately appears on the judicial website without human intervention. So even with court houses closed, it appears you can start a divorce case. BUT you cannot get to the courthouse for a final divorce, even where there is total agreement on all issues.
 
There are very few cases that can proceed to judgment online without appearing in Court. If you have children, you are not eligible. If you have real estate, you are not eligible. If you have a pension, you are not eligible. AND I am not sure that even these divorces can occur without human eyes looking at the paperwork!
Be safe! And discuss your concerns with a divorce attorney to get personal advice for your case!

Attorney Robert B. Fried

Guidelines for Divorced and Separated Families During COVID 19

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Leaders from the American Academy of Matrimonial Lawyers (AAML) and AFCC have released guidelines for coparenting during the COVID-19 pandemic.

Seven Guidelines for Parents Who Are Divorced/Separated and Sharing Custody of Children During the COVID 19 Pandemic

From the leaders of groups that deal with families in crisis:

  1. BE HEALTHY. Comply with all CDC and local and state guidelines and model good behavior for your children with intensive hand washing, wiping down surfaces and other objects that are frequently touched, and maintaining social distancing. This also means BE INFORMED. Stay in touch with the most reliable media sources and avoid the rumor mill on social media.
  2. BE MINDFUL. Be honest about the seriousness of the pandemic but maintain a calm attitude and convey to your children your belief that everything will return to normal in time. Avoid making careless comments in front of the children and exposing them to endless media coverage intended for adults. Don’t leave the news on 24/7, for instance. But, at the same time, encourage your children to ask questions and express their concerns and answer them truthfully at a level that is age-appropriate.
  3. BE COMPLIANT with court orders and custody agreements. As much as possible, try to avoid reinventing the wheel despite the unusual circumstances. The custody agreement or court order exists to prevent endless haggling over the details of timesharing. In some jurisdictions there are even standing orders mandating that, if schools are closed, custody agreements should remain in force as though school were still in session.
  4. BE CREATIVE. At the same time, it would be foolish to expect that nothing will change when people are being advised not to fly and vacation attractions such as amusement parks, museums and entertainment venues are closing all over the US and the world. In addition, some parents will have to work extra hours to help deal with the crisis and other parents may be out of work or working reduced hours for a time. Plans will inevitably have to change. Encourage closeness with the parent who is not going to see the child through shared books, movies, games and FaceTime or Skype.
  5. BE TRANSPARENT. Provide honest information to your co-parent about any suspected or confirmed exposure to the virus, and try to agree on what steps each of you will take to protect the child from exposure. Certainly both parents should be informed at once if the child is exhibiting any possible symptoms of the virus.
  6. BE GENEROUS. Try to provide makeup time to the parent who missed out, if at all possible. Family law judges expect reasonable accommodations when they can be made and will take seriously concerns raised in later filings about parents who are inflexible in highly unusual circumstances.

 

Thanks to  leaders of groups that deal with families in crisis:

Susan Myres, President of American Academy of Matrimonial Lawyers (AAML)
Dr. Matt Sullivan, President of Association of Family and Conciliation Courts (AFCC)
Annette Burns, AAML and Former President of AFCC
Yasmine Mehmet, AAML
Kim Bonuomo, AAML
Nancy Kellman, AAML
Dr. Leslie Drozd, AFCC
Dr. Robin Deutsch, AFCC
Jill Peña, Executive Director of AAML
Peter Saleme, Executive Director of AFCC