FAQs
- Should I move out of the family home?
- What is a "no-fault" divorce?
- Does Connecticut recognize civil unions from other states?
- Can I dissolve a civil union or domestic partnership from another state in Connecticut?
- Does Connecticut have a residency requirement for getting a divorce or dissolving a civil union?
- How long does it take to obtain a divorce?
- What should I know about the Automatic Orders?
- Can the court order us to pay for the children's college education?
- Can I get a portion of my spouse's retirement benefits?
- How do we decide who will raise our children?
- How does the court divide our assets?
- Can we avoid going to court?
- Can you change a court order?
- What is Collaborative Divorce?
- How does divorce mediation work?
- Why should I consider using Mediation or Collaborative Divorce in my family case?
Should I move out of the family home?
You should not move out of the family home until after you have discussed the implications with an attorney. Although you would not be guilty of "abandonment", you may lose valuable rights and compromise your position in managing the division of household property, jeopardizing your input in the possible sale of your house, and the raising of your children.
What is a "no-fault" divorce?
You do not need to prove that your spouse or partner mistreated, abandoned or was unfaithful to you to get a divorce. You only have to tell the court that your marriage is broken down irretrievably without hope for reconciliation. A spouse's bad behavior can still be considered in the division of the family assets.
Does Connecticut recognize civil unions from other states?
Although Connecticut provides for same-sex marriage under a law passed in 2009, civil unions and other relationships which provide substantially the same benefits as marriage between two people entered into in other states or jurisdictions where they are allowed, are recognized in Connecticut as legal relationships.
Can I dissolve a civil union or domestic partnership from another state in Connecticut?
Connecticut will recognize such a legal relationship for the purposes of dissolving it so long as one of the parties lives in Connecticut for one year before the divorce is final.
Does Connecticut have a residency requirement for getting a divorce or dissolving a civil union?
Connecticut requires that one of the parties must have lived in Connecticut for one year before a divorce can be final. Certain special circumstances may allow for a shorter residency requirement.
How long does it take to obtain a divorce?
The shortest time is about four months from the service of the Complaint, the filing of papers in court, and the automatic ninety day waiting period before the divorce is final. In most cases, it takes about six to twelve months because it takes that long to obtain information and analyze the parties' financial condition to advise the client as to appropriate options to resolve the case. Unless both parties are in agreement, there will be court hearings and conferences to resolve disagreements and to bring the parties to agreement. The length of time to conclude this case will be impacted by congestion in the court system.
What should I know about the Automatic Orders?
Connecticut adopted a system of automatic rules to maintain the status quo when a couple start the divorce process. The purpose of the Automatic Orders is to avoid dissipation of assets, inappropriate use of credit cards, removal of children from Connecticut, terminating insurance benefits, and other important financial and family arrangements that should not be unilaterally changed by one of the parties. The court will modify these orders by the parties' agreement or for good cause.
Can the court order us to pay for the children's college education?
The Connecticut court is authorized to order the divorcing parents to pay for the college education expenses of their children up to the cost of the University of Connecticut in-state limits until the children are 23 years old.
Can I get a portion of my spouse's retirement benefits?
Retirement benefits such as pensions, deferred compensation plans, 40lK plans, and the like are considered property. As such, the court has the authority to divide them in an equitable manner between the parties.
How do we decide who will raise our children?
The preferred parenting arrangement is one that the parents agree to between themselves. The court will step in to make that decision for the parents when they cannot agree. The court will use guardians or attorneys for the children to assist the court in determining which parent will provide an environment that serves the best interests of the children. In addition to an attorney or guardian for the children, the court may order custody studies, psychological evaluations, reports from schools and physicians, and the like.
How does the court divide our assets?
Assets are of two types. There are positive assets, which include homes, pensions, bank accounts, stocks and bonds, and the like. The other kind of assets are negative assets, which are the parties' debts, including credit cards, car loans, mortgages, personal loans, and the like. Since each case is unique, there is no "one size fits all" determination. The court applies what are called "equitable principles" including how long the parties were married, their incomes, health, age, employability, liabilities, and the contribution of each party to these assets.
Can we avoid going to court?
All family cases are completed by a court order. Most of the time the court order is based on the parties' agreement settling their conflict. It is very rare that family cases result in trial. A trial is very expensive, both financially and emotionally. The court has in place many programs to help families in conflict resolve their differences by way of special master programs or pretrials with Judges to help the parties resolve their matter short of trial.
Can you change a court order?
Because children get older, parties change employment or move away, adjustments are necessary to address these changing conditions. Court orders regarding custody and the periodic payment of child support or alimony are subject to being changed because of a material change in circumstance. Property distribution orders cannot be changed.
What is Collaborative Divorce?
Collaborative Law is based on divorcing parties' agreement to resolve their divorce privately and that they will not litigate the case in court. The process involves multiple conferences by the clients, their attorneys and, in many cases, a mental health facilitator and financial expert. Each party has their own attorney who provides guidance about the law and assists the clients to come to a private resolution for the family. The goal is to provide an atmosphere of open communication and cooperation that helps the parties to shape an agreement that fits the needs of the family. The only court involvement is one appearance before a Judge when the parties ask the court to adopt their Collaborative Agreement.
How does divorce mediation work?
Mediation is a process whereby the parties use the services of a mediator who is best described as "neutral facilitator". The parties work together with the assistance of the mediator who helps to focus the parties on the issues such as custody, property distribution, spousal support, child support, and the like, so that each party has a clear understanding of their rights and obligations and will be able to make informed decisions regarding their post-separation relationship. The parties may be assisted and/or represented by attorneys who are a legal resource for each party.
Why should I consider using Mediation or Collaborative Divorce in my family case?
One of the extra benefits of Collaborative Divorce and Mediation is the need for the parties to communication effectively with each other and to cooperate in resolving their differences. Such cooperation is an excellent learning tool for the parties' future collaboration in raising their children. In addition, these methods of resolving conflict give the parties a sense of control that is lacking when the court makes important decisions for the parties. ADR has the further benefit of allowing families to resolve their differences in private rather than having their conflicts become public information.
HARTFORD
