Arbitration: Cutting Divorce Costs and Stress

Divorce is not just emotionally draining; it also takes a toll on finances. This economic strain often spirals into more stress, creating a vicious cycle that is tough to break. But there is a way out—arbitration.

Arbitration can speed up the process and lessen the emotional rollercoaster of divorce proceedings. By resolving disputes quicker, you dodge prolonged family courtroom battles that drain your energy and savings.

Keep reading to discover how arbitration can offer smoother transitions during one of life's most challenging phases.

Understanding Arbitration in Divorce Proceedings

Arbitration involves both parties agreeing to have a neutral third party—an arbitrator—resolve their disputes outside of the courtroom. Think of it like hiring a private judge who helps you reach an agreement faster.

Connecticut recognizes the value of arbitration, with the state legislature amending its statutes in 2021 to expand its use in divorce cases. Now, courts can refer issues like child custody, parenting matters, and property division directly to arbitration.

After deciding on arbitration, both parties present an agreement to arbitrate to the court. The court then holds a brief hearing to confirm that both parties entered into this agreement voluntarily and fairly before proceeding with arbitration.

Cutting Divorce Costs and Stress Through Arbitration

Arbitration helps save time, money, and stress in several ways. First, it speeds up the resolution process compared to traditional court battles, which can drag on for months or even years. By reaching an agreement faster, both parties avoid hefty legal fees.

For instance, consider a couple disputing property division. In a courtroom setting, this could take numerous hearings and endless paperwork—each session adding up to legal representation costs and hours spent. However, these issues can often be resolved through arbitration in just one or two sessions.

Additionally, arbitration's informal nature reduces emotional strain by eliminating much of the adversarial tension typical in courtrooms. When emotions are less frayed, and communication lines are open, couples can make more rational decisions.

Do I Still Need a Lawyer in Arbitration?

You still need a lawyer when going through arbitration. “A lawyer helps navigate the complexities of divorce law and ensures your rights are protected. They also ensure that the terms of any agreement are fair and legally sound," says Connecticut family lawyer Galit Moskowitz.

While it is technically possible to go without a lawyer or have one represent both parties, it is risky. One-sided advice could lead to unfair settlements.

You can also rely on other experts during arbitration. For example, financial advisors can help untangle complicated asset divisions, and child psychologists might offer insights into custody arrangements.

Are Arbitration Agreements Legally Binding?

The terms of an arbitration agreement are legally binding. After the arbitrator reaches a decision, both parties must present the award to the court for confirmation. But do not worry—this step is not long or complex.

Before accepting the terms, the family court checks two main things: that both parties agreed voluntarily and that everything is fair under current laws. Once confirmed, these terms carry as much weight as a court order.

Modifying Arbitration Agreements Down the Line

Like any other divorce agreement, the terms of an arbitration agreement can be modified in the future. Changes in circumstances—such as a significant income shift, relocation for a job, or evolving needs of children—might warrant revisiting and modifying court orders.

Working with a family lawyer remains crucial when seeking order modification as they can help you understand when and how modifications are possible.