Financial issues in divorce cases in Connecticut can now be arbitrated privately instead of being decided by a judge. As of October 1, 2005, couples can request a judge to allow them to use an arbitrator of their choice to decide the financial issues in their divorce. Results of the arbitration are legally binding. Arbitrators cannot be used, however, to decide child support, visitation, or custody issues. This new approach will likely reduce the lengthy wait for trial in divorce cases, will afford greater privacy, and will probably reduce costs. According to a news story in the Connecticut Law Tribune, an intent of the new law was to limit arbitrators to attorneys, but the law has no such language, and so couples are free to choose their arbitrator from any profession.
To select an arbitrator, we recommend that couples consult the membership directory of the Connecticut Council for Divorce Mediation and Family Dispute Resolution or the American Arbitration Association.