Resolution of your case

Reaching A Resolution Of Your Case

Most clients are unfamiliar with the process of bringing an action and the steps necessary to achieve a final resolution. Our first goal is to ensure that each client understands the process and what to expect while their case is pending. We do this by providing personalized service, addressing your questions and concerns as they arise, and discussing your options every step of the way to allow you to make informed decisions on how your case proceeds and resolves.

Clients are best served if they are able to resolve their case without the necessity of a court trial. It is, however, inevitable that some cases must be tried to conclusion. When appropriate, we enlist experts to partner with us in working towards a resolution. These experts can include business valuators, psychologists, private investigators, or psychologists for custody matters.

From our office in Southport, we serve clients throughout Connecticut.

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Commencement Of An Action And Discovery

An action for divorce or a legal separation begins with the serving a summons and complaint. The complaint will assert general facts as well as general requests for how the filing party would like the case to be settled. Automatic orders apply in all cases when the complaint is served and include prohibitions on hiding assets, incurring unreasonable debts and other rules which must be adhered to.
Discovery refers to the gathering of information such as lists of assets, financial documents and information related to custody issues, which is used to help form the outline of the issues to be resolved and a proposed settlement. Once discovery has been completed, attempts will be made to resolve your case through traditional litigation, mediation or arbitration.

Pretrial

If your case is not involved in mediation or arbitration, generally the parties will participate in a pretrial at the courthouse. In general, the pretrial will be held before two special masters or a judge when only financial issues are at stake. In the case of a special masters pretrial, the case will be presented before two experienced family law attorneys who volunteer their time to try and help settle cases. The special masters are presented with each party’s financial affidavits, a summary of the facts of the case, relevant financial documents and proposed orders for reaching a resolution. If a pretrial is held before a judge, that judge will not preside over a trial, should one become necessary.

When child custody is at issue, the court may refer the case to the Regional Family Trial Docket in Middletown. In these cases, a full-day pretrial is conducted with a mental health professional and an attorney. The primary focus is to resolve custody matters.

Trial And Appeals

If the parties are unable to resolve their dispute, the court will set the case for trial. Typically, at the time of trial both parties will offer testimony, as well as any other necessary witnesses, with respect to any issue on the valuation of assets, earnings or issues pertaining to the children. Following the trial, the court has 120 days to render its decision. If a party is dissatisfied with the court’s ruling, it may be possible to appeal portions of the decision.

Contact Our Lawyers For Help Resolving Your Family Law Dispute