Separating couples choosing to engage in Mediation or a Collaborative Divorce have a choice regarding when to file the legal documents to start their court action to enter a Final Judgment of divorce. All couples wishing to dissolve their marriage must file legal documents in court. The choice is to file at the beginning of the mediation process or wait until you have reached an agreement. At CT Mediation Center, we leave that decision to you.
Below is a chart with the Pros and Cons to help YOU decide if filing legal documents at the beginning of the process is right for YOU:
Pros on filing at beginning of process | Cons on filing at beginning of process |
- Setting the tone that the process has formally started. Making a statement that the divorce process is moving forward in an organized and guarded system created by Court rules and timelines.
| - A formal court process starts which may cause a couple to experience unnecessary stress to meet court timelines. The “Court” is now shadowing your process which can be intimidating to some couples.
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- Setting in motion court mandated timelines, scheduling appointments, and keeping the momentum going.
- Commitment to prepare financial statements and parenting plans in a timely manner.
- Appearance in court for a scheduled Resolution Plan Date (“RPD”). The RPD is a status conference to inform the court on your progress toward reaching an agreement. The court assigns your case to Track A, B, or C depending upon the level of disagreement and conflict.
- Depending upon the Track, a Case Date is scheduled 30 to 45 days after you file for divorce (no more than 30 if there is a Custody or Parenting Plan dispute).
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- Couples have less control to work at their own mutually agreed upon pace in reaching an amicable resolution.
- Once the action is started there are time pressures to meet requirements for court dates and less flexibility for “getting it all done.”
- If you are not ready to attend the Resolution Plan Date (“RPD”), a Motion for Continuance must be filed, or you will have to appear in court.
- Couples choose Mediation and Collaborative Divorce to avoid the need to appear in court. Knowing there is a RPD that requires a court appearance may cause undue stress and confusion for couples working amicably.
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- Automatic Orders are formally in effect allowing the Courts to enforce violations of these Orders. Automatic Orders deter parties from hiding and concealing assets, overspending, sheltering money or assets, incurring extraordinary debt, canceling insurance, etc. to the detriment of the other party. Automatic Orders also deter parents from taking children, blocking access to the children and or moving out of state with the children. The Automatic Orders are referred to as “Automatic” because they immediately go into effect upon Service of Process of the dissolution action upon the other party without either party having to file Motions in Court to get these protections.
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- Automatic Orders are not in effect and the parties do not have legal recourse when one spouse acts in bad faith such as removing funds from accounts, racking up debt, or denying access to their children.
- Without a pending divorce action, if a party needs to go to court due to the other party acting in bad faith, the aggrieved party must first file the dissolution action and wait for the “Return Date” to pass before the Court will schedule a date to hear a Motion for violation of the Automatic Orders. This delays access to court relief and action.
- An “Ex Parte” Application for emergency issues involving the children also can be delayed until a dissolution action is filed.
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At CT Mediation Center we are here to discuss options, answer questions, and help you decide what makes sense for you in your situation. No two divorces are alike. We take the time to listen to your needs and concerns to ensure you make the best decisions for your family right from the start.
