For some, the word “litigation” may conjure images of tense courtroom scenes, dramatic cross-examinations or stern judges. But litigation does not necessarily mean a contentious and protracted courtroom battle.

Rather, in the divorce context, litigation is a process by which each party to the divorce is represented by an attorney during the case. Each party’s attorney is there to advise the party, advocate on behalf of that party, and counsel the party through the divorce process. The attorney is there to help the party successfully and favorably resolve the case either by negotiating a final settlement agreement, or, if necessary, at trial.

It depends. Only if you and your spouse are unable to resolve a dispute will you need to go to court. It is unlikely you would need a court trial to resolve your case. More commonly, court appearances are for issues related to temporary support, parenting plan disputes, and discovery disputes. Almost always, however, efforts are made to resolve a pending issue before going to court. If court intervention is necessary, at least for the foreseeable future, as a result of COVID-19, a physical court appearance will not be required. Court proceedings are now conducted virtually via Microsoft Teams.

A judge will only decide your case if you and your spouse cannot agree. Ninety-five percent of cases settle before trial, meaning that a judge decides the outcome in only a few cases.

Your attorney can advise you as to possible courses of action and strategize with you as to which is the best way to achieve your objectives. In addition, your attorney can advise you as to Connecticut law and likely outcomes if the case were to go before a judge. Not all can offer this; a mediator for example, is prohibited from giving the parties any legal advice.

Your attorney will make sure that your spouse has provided necessary financial information. Relying on your spouse’s explanations, without reviewing backup documentation, is not recommended, especially if you are not fully aware of your family’s finances. You do not want your spouse to take advantage of you in the financial settlement.