Frequently Asked Questions

• How Much Does Mediation Cost?
  There is a free, one half hour consultation and a reasonable hourly fee for mediation services. NO RETAINER is required. The cost of services is shared by participants.
• How Long Does It Take?
  It takes, on average, anywhere from 4 to 10 sessions for parties to reach an agreement. Most couples arrive at an agreement after 5 sessions.
• Is Mediated Agreement as Legally Binding as a Separation Agreement Written by Attorneys?
  Yes, and both of these documents need to be approved by the court to be enforceable.
• Will My Interests Be Protected if I Choose Mediation?
  Yes. Very often couples worry about power imbalances in the marriage and wonder whether they should retain an attorney to make sure that their interests are protected. Mediators are well aware of power imbalances and will not allow one spouse to take advantage of the other in mediation. Full disclosure of assets and debts must be made in mediation, just as it is required in an adversarial proceeding.
• Who Handles the Court Process?
  While the mediator does not represent either party in mediation, an attorney mediator can prepare court documents for the spouses' signatures as well as draft the final settlement agreement.
• What is a "no-fault" divorce?
  Spouses in Connecticut do not need to prove "grounds" for divorce in order to obtain a divorce—the court will issue a judgment of divorce on the grounds that the marriage has "irretrievably broken down." In other words, one party cannot stop the other party from getting a divorce. This is what's commonly referred to as "no-fault divorce." Fault, however, can be considered by the court in determining the financial orders (alimony and division of property), but it is generally a minor factor.
• Is Connecticut a Community Property State?
  No. In Connecticut, the spouses are not automatically entitled to half the property of the other spouse. In mediation, the parties, not the judge, can determine what is fair and equitable.
• Do I have to Pay Alimony?
  There is no formula for determining whether and how much alimony should be awarded. The court will consider factors such as age, health, occupation, amount of income, skills and employability, estate, liabilities and the needs of the parties. Other factors include opportunities for future acquisition of income, assets and capital, each party's contribution to acquisition, preservation and appreciation of assets acquired during the marriage, and, finally, the causes of divorce.
• How is Child Support Calculated?
  The state of Connecticut has established child support guidelines for most couples. Couples whose income exceeds the state minimums must negotiate the amount of child support above the floor set by the guidelines.
• What is a Consulting Attorney?
  The role of a consulting attorney is to provide a review of an agreement prior to signing it—he or she is not there to renegotiate the agreement but to make sure the agreement is fair and reasonable and contains everything the client agreed to in negotiations. Consulting attorney comments may be incorporated into the final agreement, if the couple chooses to do so. The cost can be controlled by clearly defining the consulting attorney's limited consulting role.