Groton Family Attorney

Divorce Frequently Asked Questions

What is the divorce process in Connecticut?

In Connecticut, to get a divorce one party must bring a lawsuit seeking a divorce in a Connecticut state court against the other party. The spouse brining the divorce lawsuit is called the plaintiff, and the other spouse is called the defendant. The initial filing with the court is called the divorce complaint. A typical divorce complaint simply seeks a divorce, a fair property settlement, and appropriate child custody arrangements
After the case is filed each party is required to exchange certain financial information so that each party has all of the necessary information to allow them to make informed financial decisions. As the case progresses each party has the right to seeking additional information from the other party through the filing of written questions called interrogatories, or oral question and answer sessions called depositions.

If the parties are able to reach an agreement regarding the issues in the divorce case, then the agreement is reduced to writing, and, if approved by the Court, is made a Court order. If the parties are not able to reach an agreement, then there will be a divorce trial. At the divorce trial, each side with present evidence, cross examine witnesses, and make arguments to the Court explaining why they deserve what they are seeking in the case. The divorce trial is a trial before a single judge, not a jury. The trial is open to the public, although most times the only people in the courtroom are the parties to the case. At the end of the divorce trial, the Court will make a decision about the property settlement, child custody, and child support. The parties are then bound by the Court’s decision unless there is an appeal to a higher level Court called the Connecticut Appellate Court. Appeals in divorce cases are rare, however.

Are divorce cases simple or complex?

A divorce case can be simple or complex. Whether a case is simple or complex depends largely on the financial issues at stake, and the amount of disagreement between the parties. If there are complex financial assets that need to be evaluated, liquidated, and divided then the case can be highly complex. On the other hand, if the parties have little or no assets to argue about, and no children then the case is probably very simple. However, even when there appears to be nothing to argue about, sometimes people disagree over assets that have little or no economic value.

How long will the divorce case take?

A divorce case can take anywhere from a few months to years depending upon the complexity of the case, and whether or not the parties are able to reach an agreement as to issues in the case. A divorce trial can take anywhere from a day to a few weeks. Typically, they take less than one week.

What happens while the case is going on?

At the beginning of the case the Court issues certain orders called “pendente lite” orders. These orders address issues that need to be addressed during the time the case is pending, and before the case is resolved with final Court orders. Typically, pendente lite orders address questions such as, who will live the in the marital home during the case, and child custody during the case.

What is divorce mediation?

Mediation is a general term meaning a negotiation that is traditionally less adversarial than the Court process. In a mediation, typically, a neutral person acts as a mediator who facilitates settlement discussions. This is a process designed to help the parties reach an agreement. In a mediation, a mediator will help the parties reach an agreement.

What is the term “no fault” divorce?

The term has little significance in modern society. It simple means that a person is permitted to get a divorce without proving that the other party is “at fault.” Many years ago, a person did not have the right to get a divorce. In order to get a divorce they had to prove in Court that their spouse did something wrong that warranted a divorce under the law. That no longer exists today. A person simply needs to state that in their opinion the marriage has broken down, and can’t be fixed. This means that anyone can get a divorce at any time if they so choose.

Do I need a divorce lawyer?

Ultimately, whether a person hires a lawyer is a personal decision, but if important issues are at stake then you should hire a lawyer. Even for simple divorces, many people hire lawyers because the legal process is intimidating and stressful. Certainly, when significant assets are at stake you should hire a lawyer to protect your interests.

How do I hire a lawyer?

Most people start by calling a lawyer over the phone, and making an appointment to meet with the lawyer. Most law firms, like ours, offer a free initial consultation. Typically, we can meet with a new client on the day and time more convenient for the client. A divorce consultation can take anywhere between fifteen minutes to two hours.

How much will it cost to hire a lawyer?

During that initial meeting the legal fee arrangement will be discussed. Sometimes we can tell you over the phone what we expect your case to cost. For divorce cases, most lawyers charge by the hour with a “retainer” which simply means that the client pays some monies up front, and the lawyer’s hourly charges are billed to the retainer. Sometimes a flat fee can also be arranged, but that is rare. Contingency fees are fees based on the results obtained in the case. Contingency fees are not permitted for divorce cases. Therefore, for your divorce case, expect to pay a retainer up front, and to be billed by the hour.

Some information about divorce lawyers, generally.

Lawyers like most types of professionals come in many shapes and sizes. Some lawyers handle only divorce cases, while some lawyers handle other types of cases in addition to divorces. So, you should ask your lawyer about experience that is relevant to your case. For example, if your case involves the division of real estate then it probably helps to have a lawyer who is experienced in real estate law. If your case is mostly contested, and a trial is likely, then it probably helps to have a lawyer experienced in trial practice and litigation.

How do I choose a lawyer?

First, you should feel comfortable with your lawyer. Do they return your calls promptly? Do they answer all of your questions to your satisfaction? Second, are they experienced in divorce matters? Third, do they have necessary other relevant experience to handle your divorce case? For example, if your case involves the division of real estate, does your lawyer have real estate law experience? Fourth, if your case involves hotly disputed issues, does your lawyer have the ability to litigate the case?

How are assets divided in a divorce case?

A divorce case is like the breakup of a business partnership. In Connecticut, the rule is that assets must be divided equitably. This might mean a 50/50 split but it is generally more complicated than that. For example, what is the length of the marriage? Were the assets acquired before the marriage or after that marriage? Can the assets be liquidated to provide for a simple division? Were the assets inherited by one party? Were they purchased with assets of one party or both?

What is alimony?

Alimony is a payment to one party to a divorce case based on the need of that party. For example, if one spouse stayed home for years raising the kids and worked inside the home while the other spouse worked, the stay at home spouse would likely get alimony.

What about child support?

Child support is mandated in Connecticut, and it is the right of the child. In Connecticut, there are formal “child support guidelines” designed to guide the parties on the proper amount of child support based on the total income of the parents. The non-custodial parent pays child support to the custodial parent.

Where will the children live?

Typically, the children will live with one spouse, but will also stay with the other spouse at times depending upon the agreement reached by the parties. For example, the children might live with mom for the week, and will stay with dad over the weekend. If the parties cannot reach an agreement about child custody, the Court will decide the arrangement. The legal standard that the Court will apply is –the best interests of the child. Therefore, the Court will make a decision that, in the Court’s judgment is, in the best interests for the child.

Divorce and children-what and when to tell them.

Children must be told about the divorce. This will be very difficult for your child, but avoiding the issue will only make things worse. Studies show that children living is a tension filled home are worse off than children living in a peaceful divorced home. It is important not to fight in front of your child. No matter what their age, children need to know about the divorce as it will significantly change their lives. They need to know what is going on.

When talking with your children about the divorce, never cast blame for the divorce on one parent. This will make the child feel like they need to take sides. Second, make it clear that the child is not to blame for the divorce. The child might feel somewhat responsible. You must make it clear that the child is not responsible for the divorce. Third, tell them at a time when they will have enough time to reflect, and digest the decision. Also, tell them at a time when you will be there to provide emotional support for them. For example, on a Friday at the start of a long weekend would be appropriate. Fourth, you should tell them what they should expect in the future. For example, will they be changing homes, or schools. Fifth, the children do not need to know the dirty details that may have led to the divorce. They might ask “why” but are really asking “why is this happening to me.” Answer by explaining the fact that married people sometimes get divorced, and reassure them about their future arrangements, and that both parents will work together to make sure that it will be a smooth transition.

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