Couples divorcing need to be aware that Connecticut's Superior Court Judges issued new rules for divorce cases in 1997 which impact divorce actions from the very beginning of the divorce with certain automatic orders going into effect when the divorce complaint is served. These orders include limitations on the transfer of assets, incurring debts, removing minor children from Connecticut, terminating health and life insurance and changing housing and parenting and housing arrangements by the parties. Also, upon the request of one party to the divorce, the other party must disclose information which includes tax returns, W-2's, 1099's and K-1's for the last three years, pay stubs for the last year, statements of accounts for the last two years, copies of retirement plans, any written appraisal, and a summary of health and life insurance policies. At the beginning of each case, the court will track each case and assign each case a case management date.

Many of the rules are very helpful for mediation. The automatic orders are matters which the parties with whom we work agree to in our Mediation Agreement. The court orders will codify aspects of the Mediation Agreement we currently use, making provisions easier to accept, enforce, and less likely to be breached. Many people in divorces are still reluctant to disclose information. If they know that the court will automatically order the disclosure, the individuals will view the request for disclosure as standard practice and be less likely to become defensive upon being requested to disclose because they perceive the request as indicative of a lack of trust on their spouse's part. Finally, with a time schedule set at the beginning of the case, either spouse will find it more difficult to "stall" the mediation.