Trial By Fire

Posted By Administrator on July 28, 2009

Divorce is a difficult process, even under the best of circumstances. But when the parties are unable to reach an agreement on issues such as child custody, visitation, and the distribution of financial assets … the process can become a nightmare for everyone involved.

In Connecticut, highly contentious cases are often referred to the Special Masters, (usually 2 lawyers and a mental health professional), who spend an entire day with the parties attempting to resolve those issues. It’s a very long day. The lawyers representing the parties participate in various portions of the discussions and negotiations with their clients and the Special Masters — but for the most part, they spend their time out of the room. If you are a lawyer about to attend your first Special Masters session, trust me when I say that you should bring something to do while you’re waiting. The wait can be hours long. At my last Special Masters session, I read 3 law magazines cover to cover, played several games of Scrabble on my Palm Pilot (I won my fair share of them, in case you were wondering), ate a pretty decent egg and cheese sandwich from the 2nd floor concession, and did some research in the court’s law library.

When the Special Masters are unable to assist the parties in reaching an agreement, the next step is to go to trial. That’s where things can get awfully nasty. The parties bring in all sorts of witnesses and exhibits … and generally tear each other to bits. It’s highly emotional. It’s not pretty. Ultimately, the judge makes a ruling and decides on a resolution to the issues that the parties were unable to resolve themselves. It is the rare person who leaves trial feeling good about the outcome. Someone wins, someone loses. At least that’s the way most people feel when the dust settles and the fire is finally put out.

Is there a moral to this story? I’m relatively sure you can figure that out for yourself. If not, we can go to trial.

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