Divorce and Family Law

Divorce Is Different Here:

It’s not an easy thing to end a marriage. You wouldn’t be reading this if you didn’t already realize that divorce is a complex problem which you will need to overcome.

 We realize that a divorce is much more than a legal process.  It may be one of the toughest things you’ll ever face in your life.  That’s why we feel divorce should be different.  Therefore, in addition to dedicated family law attorney, mediation, co-mediation (gender neutral mediation team), collaborative divorce practice, marital mediation (or mediation to stay married) you’ll find:

A divorce law practice dedicated to you and professionals who realize that YOUR divorce, YOUR situation and YOUR  family’s needs are unique.  We respond with answers, support and offer you options for a better outcome:

• A reasonable fee that covers everything you need. No surprises.
• Professionals who have time and resources to devote to your case.
• Better technology to provide the tools to reduce your stress and make your divorce easier.
•  A mediation and divorce law practice where your needs, not our convenience comes first.

Equitable Distribution and Divorce in Connecticut

Divorce in Connecticut

In order to file for dissolution of marriage in Connecticut, you must be a resident of Connecticut. To obtain dissolution of marriage, you will first file a Summons and Complaint for Dissolution of Marriage in the county in which you live.  There are numerous grounds for terminating a marriage, the most common of which is because “the marriage has broken down irretrievably” or “no-fault divorce”.  Unless “fault” has been substantial or gross, it usually plays an insignificant role or no role at all in the financial or parenting orders rendered by a judges.

Where do you file for divorce? Divorce and most other family matters such as Child Support Claims, Post Judgment modifications, take place in the Connecticut Superior Court. There are numerous Superior Courts throughout the state of Connecticut. The Superior Courts are organized by Judicial Districts. The State of Connecticut Judicial Website provides information on all jurisdictions.  Although the same Connecticut laws apply to all divorce cases brought in this state, court practices, meaning the way in which the court functions, can differ from judicial district to judicial district.

Starting a Divorce Case. The legal divorce case starts through a “summons and complaint” or “the divorce papers”. The party starting the case is the “plaintiff”. The other spouse, by default, is called the “defendant”.  The court makes no assumptions on any case based upon whether a spouse is either the plaintiff or the defendant.  The parties sometimes have strong feelings about whether they prefer to be plaintiff or defendant. In mediated cases, the parties do not place a big emphasis on this decision.  Making this decision is therefore usually discussed by and negotiated between both spouses early in mediated and collaborative divorces.  Attached to the complaint are the “Automatic Orders”. These court orders are effective on the plaintiff when the complaint is signed and apply to the defendant upon service of the complaint.  The complaint is given to a marshal, who in turn delivers or serves a copy on the defendant. In mediation and collaborative cases, the spouses discuss service at a meeting and choose a convenient manner, time and place for service.  The complaint will include a “Return Date”. The return date, which is always a Tuesday and typically three weeks after the papers are served, is not a date upon which the spouses must appear in court. Instead, the return date is the date from which the ninety day waiting period and other relevant events start.   After service, the summons and complaint are sent to the court, a file is opened and the case becomes a public record.

Child Custody and Divorce Lawyers in Connecticut:

Child Custody cases tend to be the most difficult cases in family law. When parents divorce or separate and they have disputes about what is in their child’s best interest, the courts intervene. This can often turn an uncontested divorce into a contested divorce, and an attorney is invaluable in sorting these issues out. As a parent, you want to make sure that your child is protected and your parental rights are protected.  Having a skilled and well trained child custody attorney can make a world of difference in the outcome of your case.   

In our practice we represent clients going through divorce and custody disputes throughout Hartford, Tolland, Middlesex,  New Britain, New London and Windham counties. No matter how complex or difficult your divorce may seem, we can help. We understand what you are going through and we will provide you with the legal support and representation you need in order to resolve the child custody and child support issues you are facing.

Child custody refers to the legal guardianship involved in a divorce case. In Connecticut and most other states, there are two forms of custody, legal and physical.

Legal custody refers to the child’s lifestyle. Religious, medical, and educational decisions are made by the legal custodian(s). Legal custody can be granted to one or both parents.

Physical custody refers to where the child lives. One parent may have sole physical custody, and the other may have visitation rights. Or, both parents may have physical custody, which means the child lives with each parent half of the time.

Live so that when your children think of fairness, caring and integrity, they think of you.
                                    H. Jackson Brown, Jr

Child Support and Divorce Lawyers in Connecticut:

 Parents have an obligation to pay child support.  The State of Connecticut is very efficient and vigilant in ensuring that children receive the financial support they are entitled to.   Child support orders may be entered or modified at ANY time.  In the State of Connecticut, the CONNECTICUT CHILD SUPPORT GUIDELINES provide a guide in calculating child support figures.   It is highly recommended that you have an attorney represent you when entering or modifying orders to ensure all the paperwork is filed correctly and to handle the complexities of hearings.

 

If you are seeking to modify a current child support order, you should always modify by court order or the agreement for modification between parents is not enforceable by the court.  Modification of child support orders are generally warranted when either party has an increase or decrease in gross income.  If your income has been decreased or if the other parent’s income has increased, you should immediately consult with an attorney to determine if it would be beneficial to obtain a modification of child support. 

 

Guardianship and Divorce Lawyers in Connecticut:

A guardianship is a legal arrangement in which an adult has the court ordered authority and responsibility to care for a child (someone under 18) or an incapacitated adult. Often, a guardianship is sought in lieu of adoption. A guardianship may be necessary if a child's parents die, or if the child has been abandoned or is not receiving adequate care by their biological parent.

The process is started by filing guardianship papers in the Probate court. A court appointed Guardian At Litem  will then interview you, the child and his or her parents if they are alive and available, and make a recommendation to the judge. The judge will then review the case and decide whether to appoint you as guardian, usually after a hearing. The court must find that the appointment is in the best interests of the child.  In certain instances, the court may appoint the petitioner or another person as guardian of the child during the investigation period if it is in the child's best interest.

Typically, a guardian takes care of a child's personal needs, including shelter, education and medical care.

Once a permanent guardianship has been established, termination will usually occur when the child the child reaches the legal age of 18, or if the child dies, or if the judge determines that a guardianship is no longer necessary.

Even if a guardianship remains in force, a guardian may step down from his or her role with permission from the court. In that case, a judge will appoint a replacement guardian or the biological parent if they have become suitable and able to care for the child.

Due to the extensive amount of documents that must be prepared and served on all parties, in addition to the strict filing procedures to complete a guardianship, attorney representation is highly recommended.

Determining Spousal Support (or Alimony) Payments and Duration:

In the state of Connecticut, the Courts can award maintenance to one spouse. Maintenance, also referred to as “alimony” and “spousal support”, is presented in the form of a monetary payment from one spouse to another. Either spouse, male or female, can be ordered to pay maintenance to their spouse by the Court. The monetary payment can be awarded over time or in one large sum. The Court has broad discretion to award any amount of money that is necessary for the support of the recipient spouse as long as the court’s decision is based on the facts and the circumstances existing at the time the award is granted. The facts are integral and carefully reviewed. As attorneys, we will play a big part in showing the necessary information and facts to help you reach the goals you are hoping for in regards to maintenance, or alimony payments.  The Courts may examine the following before awarding spousal support:

•   The length of the marriage
•  The conduct of the parties during the marriage
•  Age and health of the parties
•  Occupations of the parties and their incomes
•  Sources of income
•  Vocational skills and employability of the spouses
•  Assets and debts of the parties
•  Any special needs of the parties
• The opportunity of the parties to acquire future income and assets

Spousal support is often difficult to deal with in the divorce process because it affects the current and future lifestyles of both spouses. Neither party wants to be hindered financially by the payment or by the lack of finances.  The middle ground may be harder to reach than you first thought.   Spousal support is a key part of any divorce or legal separation. In a contested divorce or an uncontested divorce, this issue may need to be addressed, depending on your circumstances. As your divorce attorney, we will play a big part in the outcome of this and thus it is important to choose an attorney who will be able to use persistence and dedication in order to successfully represent you during negotiations or in Court.
 

Uncontested Divorce in Hartford, Tolland, Middlesex, New Britain, New London and Windham Counties:

An uncontested divorce is when both parties involved in a marriage have worked out the important issues pertaining to their divorce without the court’s help. Uncontested divorce, often called the simple divorce, is very common due to its simplicity and low cost. If a husband and wife can agree on the terms for division of property, child custody and child support issues, then they can usually separate amicably.

Even though you and your spouse may be parting on good terms and agreeing on important issues, it is still in your best interest to speak with an Attorney or Attorney- Mediator to ensure that ALL issues are covered.   A review of your self-negotiated or mediated agreement may only take an hour, however,  it can provide a life time relief of self doubt.  Having an Attorney or Attorney-Mediator review your separation agreement is not only highly advisable, it makes financial sense in the long run.  We have handled numerous mediated and uncontested divorce cases successfully.  When you work with an attorney at CT Mediation Center, you can be assured that you will be retaining a divorce attorney or mediator who will guide you through this process and ensure that all issues and possible future issues are discussed and ironed out.

At the CT Mediation Center, we handle divorce and family law cases including: divorce mediation, divorce co-mediation, collaborative divorce, divorce, and uncontested divorce.

When going through a contested divorce or uncontested divorce in Connecticut, property distribution will need to be agreed upon by both partners or ruled by the Court. In Connecticut, equitable distribution is the process which is used to determine the division of property between spouses.

Equitable distribution is a process for dispersing property acquired by or owned by either spouse upon the termination of marriage. In the state of Connecticut, all property acquired and income earned during a marriage is subject to equitable distribution. When a marriage is dissolved, the courts must make decisions regarding the distribution of property. There are a number of factors that the Court must consider before the property is divided.

Divorce and Legal Fees in Hartford, Tolland, Middlesex, New Britain, New London and Windham Counties:

Legal Fees are the number one concern for clients wishing to retain an attorney.  Perhaps the reason why some clients attempt to file for a divorce on their own, choose mediation or collaborative divorce.

Statistically, most Family Law cases settle. Sometimes parties come to an agreement before an attorney is consulted, while other cases are resolved at the courthouse on the day appointed for trial.

Usually, however, matters are resolved somewhere in between.  Our best sources of clients are referrals from former clients and referrals from other attorneys not practicing family law. This is because our office strives to resolve marital dissolution proceedings efficiently and cost-effectively. 

We don't believe in wasting precious time or our client's money. While some lawyers bill a client by the day or half-day in court, others bill in minimum increments of a quarter hour.  Our office, however, bills by the hour, in tenth-of-an-hour increments. Detailed invoices are provided to all clients on a monthly basis.

 

We are fully cognizant of the emotions arising in a divorce following a failed marriage. We endeavor to make the proceedings as painless and least aggravating as possible for the client, bearing in mind that settlement is a function of the attitude of both parties and all attorneys involved.  Hence we offer more than one option when considering your divorce: divorce mediation, collaborative divorce and litigation when necessary.

Divorce and Family Law